Intellectual Property In Asian Countries Studies On Infrastructure And Economic Impact

This publication is a compilation of the general and national reports from two research projects. It is hoped that they will be of interest to policy makers and positively contribute to the on-going debate regarding the relationship between intellectual property and economic development.

Introduction Intellectual property rights foster innovation. But if, as it surely does, “intellectual property” means not just intellectual property rules—the law of patents, copyrights, trademarks, designs, trade secrets, and unfair competition—but also intellectual property institutions—the courts, police, regulatory agencies, and collecting soc- ties that administer these rules—what are the respective roles of intellectual property rules and institutions in fostering creativity? And, to what extent do forces outside intellectual property rules and institutions—economics, culture, politics, history—also contribute to innovation? Is it possible that these other factors so overwhelm the impact of intellectual property regimes that it is futile to expect adjustments in intellectual property rules and institutions to alter patterns of inno- tion and, ultimately, economic development? It was to address these questions in the most dynamic region of the world today, Asia, that we invited leading country experts to contribute studies that not only summarize the current condition of intellectual property regimes in countries ranging in economic size from Cambodia to Japan, and in population from Laos to China, but that also describe the historical sources of these laws and institutions; the realities of intellectual property enforcement in the marketplace; and the political, economic, educational, and scientific infrastructures that sustain and direct inve- ment in innovative activity. A.

This book is highly topical. The shift from the multilateral WTO negotiations to bilateral and regional Free Trade Agreements has been going on for some time, but it is bound to accelerate after the WTO Doha round of negotiations is now widely regarded as a failure. However, there is a particular regional angle to this topic as well. After concluding that further progress in the Doha round was unlikely, Pacific Rim nations recently have progressed with the negotiations of a greatly expanded Trans-Pacific Partnership Agreement that includes industrialised economies and developed countries such as the United States, Japan, Australia and New Zealand, recently emerged economies such as Singapore, but also several developing countries in Asia and Latin America such as Malaysia and Vietnam. US and EU led efforts to conclude FTAs with Asia-Pacific nations are also bound to accelerate again, after a temporary slowdown in the negotiations following the change of government in the United States and the expiry of the US President’s fast-track negotiation authority. The book will provide an assessment of these dynamics in the world’s fastest growing region. It will look at the IP chapters from a legal perspective, but also put the developments into a socio-economic and political context. Many agreements in fact are concluded because of this context rather than for purely economic reasons or to achieve progress in fields like IP law. The structure of the book follows an outline that groups countries into interest alliances according to their respective IP priorities. This ranges from the driving forces of the EU, US and Japan, via Asia-Pacific resource-rich but IP poor economies such as Australia and New Zealand, recently emerged economies with strong IP systems such as Singapore and Korea to leading developing countries such as China and India and ‘second tier industrializing economies’ such as Thailand, Malaysia and Indonesia.

This book critically reviews the recurrent debate on Intellectual Property law and policy in developing countries carried out in the last decade. It identifies the still unresolved policy issues and proposes alternative approaches that resonate with the needs for transformation of the economic and social reality of developing countries. Focusing on emerging economies in Asia, the work draws the wider lessons to be learnt by researchers, policy makers, legislators and the business sector in general and concludes by putting forward proposals for reform.

For most countries, economic development involves a process of 'catching up' with leading countries at the time. This is never achieved solely by physical assets and labour alone: also needed are the accumulation of technological capabilities, educational attainment, entrepreneurship, and the development of the necessary institutional infrastructure. One element of this infrastructure is the regime of intellectual property rights (IPR), particularly patents. Patents may promote innovation and catch up, and they may foster formal technology transfer. Yet they may also prove to be barriers for developing countries that intend to acquire technologies through imitation and reverse engineering. The current move to harmonize the IPR system internationally, such as the TRIPS agreement, may thus have unexpected consequences for developing countries. This book explores these issues through an in depth study of eleven countries ranging from early developers (the USA, Nordic Countries and Japan), and Post World War 2 countries (Korea, Taiwan, Israel) to more recent emerging economies (Argentina, Brazil, China, India and Thailand). With contributions from international experts on innovation systems, this book will be an invaluable resource for academics and policymakers in the fields of economic development, innovation studies and intellectual property laws.

The ubiquity of new technologies has led to significant developments across the globe. By utilizing the latest available innovations, countries can optimize their industrial and economic infrastructures. Technological Integration as a Catalyst for Industrial Development and Economic Growth is a pivotal reference source for emerging academic research on the diffusion of new information and communication technologies for social progress. Highlighting a comprehensive range of topics such as financial inclusion, manufacturing, and workforce development, this book is ideally designed for academics, professionals, policy makers, graduate students, and practitioners interested in economic and social developments.

This paper analyzes Chinese patenting abroad by using WIPO’s foreign-oriented patent family dataset and a respective enterprise questionnaire. It finds that by the turn of the century China emerged as major actor in terms of international patenting. While this is changing rapidly, the share of Chinese patents which get filed abroad is still a fraction of total patents filed at home and most patents still also only target one foreign IP office. Chinese foreign-oriented patent families are concentrated in a few technology fields, and a few Chinese firms are responsible for a large share of total Chinese patents filed abroad.

Uphoff studies negotiations between the United States and Southeast Asian nations concerning intellectual property protection. She analyzes case studies showing how each of the ASEAN governments responded to American pressure to honor copyrights and patents. Her research is based on existing publications and interviews with government officials and scholars.

This book argues that intellectual property (IP) management development and innovation are fundamental to economic development , especially in newly emerging economies which often hold vast reserves of natural resources and human knowledge that remain unprotected. It sheds light on countries that are gradually realising this situation, with examples from many parts of the world, including Eastern Europe, Africa and especially Asia including India, where a great deal is being made of innovation and intellectual property to stimulate economic growth. These case studies are seen within the theoretical context of the future of cross-border IP which is slowly becoming a reality. Specific examples go beyond the patent prosecution highway, to which China has also recently signed up, and India’s development of generic drugs at lower costs. Experts in the field including practising IP lawyers explain and criticise current and new models being tested in emerging economies concerning IPR. Original case studies of hitherto little understood breaches of African trademarks by the US and Japan, and patenting mistakes in relation to little known Indian forest plants all damage emerging economies and their native people's lives. While proper implementation of IP laws by emerging economies themselves can lead to positive outcomes for all involved, the key is an independent judiciary coupled by thoughtful and thoroughly understood implementation of IP laws within the context of cross border IP. The book shows through models how different emerging economies are at various levels of developing their IPR and what paths they are taking to do this. Finally, it provides a comprehensive assessment of the ways in which innovation, protection and enforcement of IP laws can help newly emerging economies achieve economic growth without destroying natural and human resources, while moving ahead from the current global financial crisis.