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International Intellectual Property and the ASEAN Way
Pathways to Interoperability

$110.00 (C)

Elizabeth Siew-Kuan Ng, Graeme W. Austin, Denis Croze, Agus Sardjono, Khin Mar Yee, Sokheng Sim, Sovath Phin, Zanetti Giulio, Mark Lim, See Tho Sok Yee, Diyanah Binte Baharudin, Ricardo Blancaflor, Richard Garnett, Pisawat Sukonthapan, Lê Thi Thu Ha, Delphine Marie-Vivien, Jakkrit Kuanpoth, Ignacio De Medrano Caballero, Soh Kar Liang, Chew Phye Keat, Annette Kur, Reto Hilty, Roberto Romandini, Adrián Garaventa, Pablo Wegbrait, ASEAN Intellectual Property Association
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  • Date Published: October 2017
  • availability: In stock
  • format: Hardback
  • isbn: 9781107167209

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About the Authors
  • The Association of Southeast Asian Nations (ASEAN) is actively seeking ways for member countries to enhance their individual economic development within the context of overall regional advancement. Central to this is the creation of a regional intellectual property framework. This book examines the efforts to move beyond sovereign protections of intellectual property rights and establish meaningful inter-state cooperation on intellectual property issues. Rather than aim for IP harmonization, ASEAN recognizes its internal diversity and pursues an agenda of 'IP Interoperability'. The essays in this collection examine the unique dynamics of 'interoperability', analyzing the administration of intellectual property in a part of the world that is of increasing importance. The book enables the reader to compare and contrast the ASEAN model to other approaches in regional cooperation, such as Europe and Latin America, and also explores private international law as a potential vehicle for interoperability.

    • Offers a detailed study of cooperation between ASEAN nations on substantive law and intellectual property administration
    • Provides an alternative solution to the current integration model of harmonization of intellectual property laws
    • Proposes an interoperability agenda based on cooperation using the ASEAN Way as a possible pathway for regional and international IP development
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    Reviews & endorsements

    Advance praise: ‘[International Intellectual Property and the ASEAN Way: Pathways to Interoperability] is a very innovative collection of scholarly works on a rather archaic area of ASEAN economic integration efforts. The authors take into consideration the diversity of intellectual property regime and proposed a series of pathways forward within that woefully uneven IP terrain. The end result is a very convincing concept of 'IP interoperability' as a first step on the long journey towards a more robust and unified set of standards for intellectual property protection in an emerging AEC. … a major contribution within the myriad limitations and variation of legal regimes in ASEAN.' Surin Pitsuwan, former Secretary-General of the Association of Southeast Asian Nations (ASEAN) (2008–12)

    Advance praise: ‘We live in a moment of upheaval and uncertainty, with increasing awareness of the costs associated with a one-size-fits-all approach to intellectual property rights. As the pendulum swings away from a commitment to worldwide harmonization, an intriguing alternative has emerged: the ASEAN model of ‘interoperability'. The ASEAN Way, introduced in this excellent collection of essays, defines a common set of IP-related values while respecting and accommodating countries' cultural and economic differences. This volume should be required reading for anyone involved in charting the future course of global IP policy.' Stacey Dogan, Boston University School of Law

    Advance praise: ‘This examination of a range of intellectual property issues occurring in ASEAN countries offers a detailed analysis of national laws in an increasingly important region of the world. But it also explores how the concept of interoperability functions in each of legislative, judicial and administrative settings, presenting a mechanism for reconciling respect for national diversity with demands for greater commonality. The editors present an optimistic vision for what can be achieved in tackling this most central dilemma of international intellectual property law, which is a helpful intellectual provocation as more longstanding mechanisms of international law struggle to make progress on that dilemma.' Graeme B. Dinwoodie, University of Oxford

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    Product details

    • Date Published: October 2017
    • format: Hardback
    • isbn: 9781107167209
    • length: 348 pages
    • dimensions: 235 x 158 x 22 mm
    • weight: 0.6kg
    • contains: 17 b/w illus.
    • availability: In stock
  • Table of Contents

    Part I. IP Interoperability and the ASEAN Way: Introduction Elizabeth Siew-Kuan Ng and Graeme W. Austin
    1. Intellectual property interoperability in ASEAN and beyond: an integration model Elizabeth Siew-Kuan Ng
    2. WIPO experience in integrating IP systems in light of plurilateral and regional agreements Denis Croze
    3. ASEAN Model for IP Protection of Cultural Heritage: lesson learned from the Indonesian experience Agus Sardjono
    4. Trademark protection in Myanmar: current issues and future directions Khin Mar Yee
    5. Trademark system in ASEAN and beyond: Cambodia's experience and future direction Sokheng Sim, Sovath Phin and Zanetti Giulio
    Part II. IP Interoperability and Judicial Processes: Introduction Elizabeth Siew-Kuan Ng and Graeme W. Austin
    6. Singapore's intellectual property dispute resolution experience and ASEAN interoperability Mark Lim, See Tho Sok Yee and Diyanah Binte Baharudin
    7. Challenges in IP enforcement in the ASEAN economic integration Ricardo Blancaflor
    8. Co-operation and conflicts: the promises of private international law Graeme W. Austin
    9. IP remedies across borders Richard Garnett
    Part III. IP Interoperability at the Administrative/Legislative Level: Introduction Elizabeth Siew-Kuan Ng and Graeme W. Austin
    10. ASEAN copyright model: experiences and proposals from Thailand Pisawat Sukonthapan
    11. Regional notification and registration system of Geographical Indication: ASEAN's perspective Lê Thi Thu Ha and Delphine Marie-Vivien
    12. Challenges for protection and administration of intellectual property: Thailand's perspective Jakkrit Kuanpoth
    13. Connectivity, interoperability and regional integration of the ASEAN trademarks and designs systems Ignacio De Medrano Caballero
    14. Proposal for a PAN-ASEAN trademark registration: a case for the practical application of the inter-operability principle Soh Kar Liang and Chew Phye Keat
    Part IV. Beyond Interoperability: Introduction Elizabeth Siew-Kuan Ng and Graeme W. Austin
    15. OHIM trademark convergence program: an ASEAN context Annette Kur
    16. Developing a common patent system: lessons from the EU experience Reto Hilty and Roberto Romandini
    17. Integration in intellectual property in Latin America Carlos Adrián Garaventa and Pablo Wegbrait
    Part V. Special Section – ASEAN Intellectual Property Matrix: Introduction Elizabeth Siew-Kuan Ng and Graeme W. Austin
    18. ASEAN IP matrix ASEAN Intellectual Property Association.

  • Editors

    Elizabeth Siew-Kuan Ng, National University of Singapore
    Elizabeth Siew-Kuan Ng is Deputy Chairwoman and Director of the Intellectual Property Unit at the Centre for Law and Business, and Associate Professor of Law at the National University of Singapore's Law School. She was appointed amicus curiae by the Singapore Court of Appeal on IP matters and is an IP Adjudicator of the Intellectual Property Office of Singapore. She is a Barrister-at-law of Middle Temple (England) and Advocate and Solicitor (Supreme Court, Singapore). A Fellow of Cambridge Commonwealth Society, she was a consultant of the World Intellectual Property Organization (Switzerland).

    Graeme W. Austin, Victoria University of Wellington
    Graeme W. Austin is Professor of Law at Melbourne University with a joint appointment as Chair of Private Law at Victoria University of Wellington. He is co-author of the pathbreaking text, Human Rights and Intellectual Property: Mapping the Global Interface (Cambridge, 2011). Before returning to Australasia in 2011, he was the J. Byron McCormick Professor of Law at the University of Arizona, where he convened the intellectual property programme. He is a former Member of the New Zealand Copyright Tribunal.

    Contributors

    Elizabeth Siew-Kuan Ng, Graeme W. Austin, Denis Croze, Agus Sardjono, Khin Mar Yee, Sokheng Sim, Sovath Phin, Zanetti Giulio, Mark Lim, See Tho Sok Yee, Diyanah Binte Baharudin, Ricardo Blancaflor, Richard Garnett, Pisawat Sukonthapan, Lê Thi Thu Ha, Delphine Marie-Vivien, Jakkrit Kuanpoth, Ignacio De Medrano Caballero, Soh Kar Liang, Chew Phye Keat, Annette Kur, Reto Hilty, Roberto Romandini, Adrián Garaventa, Pablo Wegbrait, ASEAN Intellectual Property Association

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