jueves, 22 de mayo de 2008

Links to legislation - module 2

India Patent Law: http://ipindia.gov.in/main_text.htm
China Patent Law: http://www.chinatrademarkoffice.com/about/laws.jsp

1 comentario:

Unknown dijo...

Here there are some more papers dealing with emerginc countries Intellectual property issues.

The first paper evaluates the first eigth months of the new Indian Patents regime. It critiques the new law and the capacity of India's administrative and judicial infrastructure to implement it. In the end the article offers recommendations for the future of India's evolving patent system.

Mueller, Janice M., "The Tiger Awakens: The Tumultuous Transformation of India's Patent System and the Rise of Indian Pharmaceutical Innovation" . University of Pittsburgh Law Review, Vol. 68, No. 3, 2007 Available at SSRN: http://ssrn.com/abstract=923538


The second one analyses FDI in India after its attempt to adress the requirements of the international IP regime. It also argue that now pharmaceutical multinational companies are waiting to see how Indian courts and patent offices interpret the new laws, and awaiting the enactment of long-debated data protection legislation in order to make more moves.

Linton, Katherine Connor and Corrado, Nicholas, "A 'Calibrated Approach': Pharmaceutical FDI and Evolution of the Patent Law in India" (July 2007). Available at SSRN: http://ssrn.com/abstract=1031227

The third paper show how China was forced to upgrade domestic intellectual property protection in exchange for foreign investment and export market.
This conflict between the external pressure and internal resistance has led to a system distorted by various inconsistencies and expediencies.

Hong, Xue, "Between the Hammer and the Block: China’s Intellectual Property Rights in the Network Age" . University of Ottawa Law & Technology Journal, Vol. 2, No. 2, pp. 291-314, 2005 Available at SSRN: http://ssrn.com/abstract=894073