The Intellectual Property Debate

‘. . . a lovely little book which is full of telling points. Read it and you won’t be disappointed.’
– Jeremy Phillips, IPkat.com

‘Meir Pugatch has done an excellent job by assembling an international and diverse cast of contributing authors, who have offered new insights into a broad span of the most pressing IP-related issues. . . a collection of high quality articles by eminent authorities on IPR is very useful for scholars in the academic fields of law, practitioners, and government officials interested in the field of international trade and intellectual property policy; intellectual property law, technology transfer and valuation and international business.’
– Madhu Sahni, Journal of Intellectual Property Rights

Intellectual property (IP) has become one of the most influential and controversial issues in today’s knowledge-based society. This challenging book exposes the reader to key issues at the heart of the public debate now taking place in the field of IP. It considers IP at the macro level where it affects many issues. These include: international trade policy, ownership of breakthrough technologies, foreign direct investment, innovation climates, public–private partnerships, competition rules and public health where it is strongly embedded in contemporary business decision making.

Meir Pugatch has assembled an international and diverse cast of contributing authors, who offer new insights into a broad span of the most pressing IP-related issues. They shed light on the increasing dominance of IP in the design and execution of basic and applied research, the evaluation of intangible assets, and the protection and management of knowledge assets, underscoring its importance in relation to national economic development strategies and business strategies of knowledge-based industries and companies.

The Intellectual Property Debate will appeal to scholars, practitioners, and government officials interested in the fields of international trade and intellectual property policy, intellectual property law, technology transfer and valuation, and international business.

Contents:

Introduction: Debating IPRs
Meir Perez Pugatch

PART I: TRADE, INVESTMENT AND ENFORCEMENT POLICIES OF IPRS
1. A Critical Analysis of the TRIPS Agreement
Michael Blakeney

2. The TRIPS Agreement: The Damage to the WTO
Brian Hindley

3. Can Stronger Intellectual Property Rights Boost Trade, Foreign Direct Investment and Licensing in Developing Countries?
Douglas Lippoldt

4. The Enforcement of Intellectual Property Rights: An EU Perspective of a Global Question
Paul Vandoren and Pedro Velasco Martins

PART II: IPRS, BUSINESS AND PUBLIC–PRIVATE PARTNERSHIPS
5. What is an Idea Worth?
Richard P. Rozek and George G. Korenko

6. Intellectual Property Policies and Scale Neutrality: Strategic Management Implications for SMEs
Grant E. Isaac

7. Encouraging Cooperation Among the Academic, Government and Private Sectors in US Biomedical R&D
Richard P. Rozek and Bridget A. Dickensheets

8. University Technology Transfer Policy Matters: Is it Time for a ‘Bayh-Dole Modernization Act’?
Robin J.R. Blatt

PART III: IPRS, PHARMACEUTICALS AND BIOTECHNOLOGY
9. Pharmaceutical Innovation and Intellectual Property Rights: A Global Public Good?
David Goren

10. The Realities of TRIPS, Patents and Access to Medicines in Developing Countries
Eric Noehrenberg

11. Patenting Genes
Trevor Cook

PART IV: IPRS, COMPETITION, ACCESS AND ANTITRUST IN THE AGE OF THE INFORMATION SOCIETY
12. Balancing Intellectual Property Rights and Competition Law in a Dynamic, Knowledge-Based European Economy
Duncan Curley

13. Technology, Time and Market Forces: The Stakeholders in the Kazaa Era
Uma Suthersanen

14. Author’s Rights and Internet Regulation: The End of the Public Domain or Constitutional Re-Conceptualization?
Guido Westkamp

PART V: IPRS AND GEOGRAPHICAL INDICATORS
15. Geographical Indications and TRIPs
Michael Blakeney

16. The Treatment of Geographical Indications in Recent Regional and Bilateral Free Trade Agreements
David Vivas Eugui and Christoph Spennemann

17. Geographical Indications, Trade and the Functioning of Markets
Phil Evans

Conclusion: Placing IPRs at the Heart of the Public Discourse
Meir Perez Pugatch

Index