Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 5 of 5
Full-Text Articles in Law
Intellectual Property And Transparency In Trade Negotiations: The Experience Of Thailand, Jakkrit Kuanpoth
Intellectual Property And Transparency In Trade Negotiations: The Experience Of Thailand, Jakkrit Kuanpoth
Faculty of Law, Humanities and the Arts - Papers (Archive)
This article concentrates on the problem of non-transparency in non-multilateral norm-setting activities in the intellectual property field. It highlights the experience of Thailand in order to show the inability of the general public to participate in decision-making relating to trade negotiations and to access information regarding trade agreements. It explores the issue of transparency in this international norm-setting process that will support the debate on development-oriented policy in order to better understand the socio-economic impacts of trade liberalization.
Talkin ‘Bout Law’S Generations: Pop Culture, Intellectual Property And The Interpretation Of Case, Marett Leiboff
Talkin ‘Bout Law’S Generations: Pop Culture, Intellectual Property And The Interpretation Of Case, Marett Leiboff
Faculty of Law, Humanities and the Arts - Papers (Archive)
This article takes a very different path through which to explore the challenges affecting and shaping innovation and communications law. It reports on a facet of an empirical pilot study into generational differences in legal interpretation that revealed the porosity and friability of doctrine. The article focuses on one facet of the study apposite to this special issue: a fleeting reference by Finkelstein J to icons of pop culture in an otherwise unremarkable passing off I misleading and deceptive conduct case - Hansen v Bickfords - involving the marketing of an energy drink. As the responses of lawyer and law …
Trips-Plus Intellectual Property Rules: Impact On Thailand's Public Health, Jakkrit Kuanpoth
Trips-Plus Intellectual Property Rules: Impact On Thailand's Public Health, Jakkrit Kuanpoth
Faculty of Law - Papers (Archive)
Thailandhas proved that a well-fund, politically-supported public policy could be effective in preventing the spread of HIV/AIDS on a national scale. It is currently facing increased pressure to accept higher standards of intellectual property (IP) protection (the so-called TRIPS-Plus) under bilateral free trade agreements (FTA) proposed by theUnited States. The proposed US FTA threatens to restrict the measures the country can take to pursue affordable drugs, and will affect ability ofThailandto continue its successful ARV treatment and other healthcare programmes. The paper argues that the TRIPS-Plus regime generates a negative impact on poor people’s access to medicines, and the ARV …
Intellectual Property Law In Southeast Asia: Recent Legislative And Institutional Developments, Christoph Antons
Intellectual Property Law In Southeast Asia: Recent Legislative And Institutional Developments, Christoph Antons
Faculty of Law - Papers (Archive)
Over the last few decades, countries belonging to the Association of Southeast Asian Nations (ASEAN) all had to revise their intellectual property systems. These revisions resulted at first from bilateral pressure of major trading partners such as the US and EU, then from the WTO-TRIPS Agreement and more recently from bilateral Free Trade Agreements. To observe the IP developments in ASEAN over this period is interesting, because this group of countries covers developed (Singapore), developing as well as least developed countries. All countries had to reform their outdated laws from the colonial era in very short time. However, in comparison …
Traditional Knowledge And Intellectual Property Rights In Australia And Southeast Asia, Christoph Antons
Traditional Knowledge And Intellectual Property Rights In Australia And Southeast Asia, Christoph Antons
Faculty of Law - Papers (Archive)
This paper will present a short survey of various approaches to traditional knowledge and folklore protection in Australia and Southeast Asia. It seems that both the terminology used in the debate about traditional knowledge and folklore and the legal solutions envisaged are very diverse. Over the last decade there has been an explosion of international declarations and organisations advocating internationally harmonised notions of rights to culture, often on behalf of indigenous minorities or other local communities. This often leads to what Cowan, Dembour and Wilson2 have called “strategic essentialism”. The term refers to the attempts by activists from or working …