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Competition Law, Technology Transfer and the TRIPS Agreement

Competition Law, Technology Transfer and the TRIPS Agreement Implications for Developing Countries

Author: Tu Thanh Nguyen
Publisher: Edward Elgar Publishing
ISBN: 9781849801256
Published In: May 2010
Format: Hardback , 360 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The book investigates competition law and international technology transfer in the light of the TRIPS Agreement and the experience of both developed and developing countries. On that basis, it draws relevant implications for developing countries.

Tu Thanh Nguyen argues that technology transfer-related competition law should be ‘glocalized’ appropriately for the needs of local contexts, while intellectual property rights (IPR) are globalized. The book reveals that developing countries, according to the TRIPS Agreement, have the right to use domestic competition law to promote access to technology in order to protect national interests and consumer welfare. However, competition law is antitrust. It is neither anti-IPR nor anti-trade. The author finds that developing countries with limited competition law resources should set realistic priorities for the control of technology transfer-related anti-competitive practices. They can reasonably apply and adapt relevant regulations, decisions and judgments from developed country jurisdictions to their own circumstances.

Competition Law, Technology Transfer and the TRIPs Agreement is a timely resource for postgraduate students, practitioners, and scholars in international competition law, IPR, and technology transfer. Policymakers in the field of technology transfer-related competition law/policy, especially in developing countries, will also find this book invaluable.

Contents:: Preface
1. Technology Transfer and Competition Rules under the TRIPS Agreement
2. Application of Competition Law to Technology Transfer in Developed Countries - US and EU Perspectives
3. Application of Competition Law to Technology Transfer in Developing Countries
4. Prospects of Technology Transfer-Related Competition Law in a Global Context
5. Implications for Developing Countries Bibliography

Tu Thanh Nguyen, Faculty of Law, Lund University, Sweden and Ho Chi Minh City School of Law, Vietnam

‘The book deals with a difficult subject with an assured touch and will be a valuable text for postgraduate students, policy-makers and practitioners.’
– European Intellectual Property Review

‘This is the first ever book that addresses the important issue of the competition law, intellectual property and trade interface in a developing world context. The book’s unique contribution is a set of comparative case studies on this complex interface.’
– D. Daniel Sokol, University of Florida Levin College of Law, US