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Contribution to Handbook

Intellectual Property in Asia: ASEAN, East Asia, and India

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Antons,  Christoph
MPI for Innovation and Competition, Max Planck Society;

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Citation

Antons, C. (2018). Intellectual Property in Asia: ASEAN, East Asia, and India. In R. C. Dreyfuss, & J. Pila (Eds.), The Oxford Handbook of Intellectual Property Law (pp. 348-377). Oxford: Oxford University Press.


Cite as: http://hdl.handle.net/11858/00-001M-0000-002E-A2BF-6
Abstract
This chapter covers parts of Asia where there have been very significant recent developments in intellectual property (IP) law. IP reform in the region was initially driven by the concerns of industrialized countries about the lack of IP protection in Asian “miracle” economies. More recently, it has become an important topic in free trade and economic partnership agreement negotiations. The developments in the individual countries are discussed in the context of an “Asian development model,” which has often combined short and generalized laws with numerous implementing decrees and administrative discretion. This has allowed for the selective adaptation of IP models from elsewhere, with some countries now strongly promoting higher IP standards to their regional neighbors. However, different historical pathways to development and local circumstances suggest that it is difficult to develop regional role models for others or to explain differences about IP exclusively with the divide between “developed” and “developing” countries.