Intellectual Property Rights in Emerging Markets

By Clarisa Long | Go to book overview

rigid in procedure, prone to ramifying into technical details
and yet unable to cover all the circumstances of the ever
changing social relationships. Laws must therefore operate
within the boundaries of policy directives, under the guidance
of policy principles and supplemented by various policy tools
[ 1997, 10].

15.
The Special 301 provision was added in 1988 to the Section 301 provisions of the original Trade and Tariff Act of 1974. Section 301 establishes a set of unilateral provisions for the United States to address "unreasonable" trade practices that lie outside of GATT (now WTO) rights and obligations. Special 301 provisions require USTR to identify priority countries that deny adequate and effective IPR protection.
16.
For a broader discussion of this point, see Barfield and Groom bridge ( 1998).
17.
For a broader discussion of this point see Groombridge ( 1997) and Groombridge and Barfield ( 1999).
18.
For a thorough discussion of this matter, see Clarke ( 1999).
19.
By contrast, Buxbaum argues on the cost issue that "many administrative departments are under-staffed and under-financed, and do not have sufficient resources to undertake an action or raid. Indeed, in many cases, intellectual property holders provide various resources including finance, vehicles and other facilities to various competent authorities to undertake an action or raid, all of which add to the cost of the action" ( 1996, 40).
20.
To my knowledge, the two artists Madonna and Whitney Houston have never released a compilation compact disc together. One was available in Beijing's Friendship Store (Youyi Shangdian) when I visited during the summer of 1995.

References

Agence France-Presse. 1998a. "Trademark 'Shark' in Shenzhen Worries Chinese Authorities". (June 4.)

———. 1998b. "U.S. Drug Maker Eli Lilly Battles to Protect Prozac in Top Chinese Court". (June 24.)

Agence France-Presse ( Hong Kong). 1995. "CD Piracy Continues Despite U.S. Sanctions Threat". (February 3.) In FBIS (February 3, 1995).

Alford, William P. 1995. To Steal a Book Is an Elegant Offense: Intellectual Property Law in Chinese Civilization. Stanford, Calif: Stanford University Press

-41-

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Intellectual Property Rights in Emerging Markets
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Acknowledgments vii
  • 1 - Introduction 1
  • References 10
  • 2 - The Political Economy of Intellectual Property Rights Protection in the People's Republic of China 11
  • Notes 39
  • References 41
  • 3 - The Indian Intellectual Property Rights Regime and the Trips Agreement 47
  • Notes 89
  • References 94
  • 4 - Can Intellectual Property in Latin America Be Protected? 96
  • Notes 123
  • References 124
  • About the Editor and Authors 129
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