The author analyzes the flexibility of intellectual property (IP) rights protection under the Tyrans-Pacific partnership (TPP), based on an advanced version of the TPP IP Chapter. He shows how the United States has been aggressively seeking stronger and less flexible IP right provisions than those included in existing international IP agreements, and argues that accepting higher standards of IP protections may not only be unnecessary in promoting investment and economic growth, but can also result in negative impacts on development due to price increases. Similarly, the unwillingness of the TPP members to truly balance public health needs with an aggressive patent agenda also puts the future of the TPP at risk. He argues that the TPP should pursue unreasonable “TRIPS-plus” (Trade-Related Aspects of Intellectual Property Rights) provisions and should balance the public interests of the TPP economies with IP protection.
Jiani Wang, Yi Tan and Manhong Liu
The chapter elaborates on the business angel (BA) market in China, which has developed significantly since its emergence at the end of the 1990s. The increasing numbers of successful cashed-out entrepreneurs emerging from the Internet and high-tech has resulted in the emergence of angel investment. Currently, there are numerous angel groups and matchmaking services that have served to enhance the market. The authors show that the investment behavior of Chinese BAs is very similar to that in western countries, but Chinese BAs are younger, invest more infrequently and lack an understanding of BA investing. The authors also emphasize the need to understand the role of the government in the BA market in improving the regulation and environment of BA investments.
Shin-yi Peng, Han-Wei Liu and Ching-Fu Lin
This chapter will explore the interplay between law and technology, focusing on the pertinent trade issues within megaregionals. As globalization has created markets that cross borders, there is an increasing reliance on diverse types of international legal instruments to govern science and technology. The reality is that the differences in regulatory regimes become more significant as trade obstacles. Manufacturers or service suppliers often confront challenges when attempting to comply with diverse national regulatory measures. At the forefront, the questions to ask are whether the emergence of various bilateral or megaregionals help promote regulatory cooperation/coherence? Or, has such phenomenon raised more questions than it has answered in terms of regulatory divergence? What mechanisms do the multilateral, plurilateral, or bilateral economic integration arrangements design to reduce regulatory divergence? We will engage in a critical review on pertinent law-making and jurisprudence to offer a systematic examination on regulatory convergence of technology law.