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Full-Text Articles in Law
Trips-Plus Trade And Investment Agreements: Why More May Be Less For Economic Development, Christine Farley
Trips-Plus Trade And Investment Agreements: Why More May Be Less For Economic Development, Christine Farley
Articles in Law Reviews & Other Academic Journals
Conventional wisdom -- but not empirical research -- maintains that strong intellectual property (“IP”) rights trigger not only foreign direct investment, but also local innovation. Thus investors seek, and developing countries compete to offer, the highest levels of IP protections. But evaluating the level of IP protection in any given country has become increasingly complex. A proliferation of bilateral agreements, such as free trade agreements (“FTAs”) and bilateral investment treaties (“BITs”), intended to enhance the minimum standards set forth in The Agreement on Trade Related Aspects of Intellectual Property Rights (“TRIPS”), have created uncertainty about precisely what IP protections are …
Territorial Exclusivity In U.S. Copyright And Trademark Law, Christine Haight Farley
Territorial Exclusivity In U.S. Copyright And Trademark Law, Christine Haight Farley
Contributions to Books
Currently, U.S. trademark and copyright law both adopt employ a regime of international exhaustion of rights with respect to parallel importation after the Supreme Court ruled in Kirtsaeng last term. This agreement belies the fact that these two areas of law have developed in nearly divergent directions and have resulted in faltering intellectual property and trade policies. Currently, interpretation of the first sale doctrine hinges on the particular legal characteristics of both trademarks and copyrights. When dealing with trademarks, courts ultimately focus on the source of origin, taking into account consumer expectations or, instead, focusing on the business relationship, if …
Territorial Exclusivity In U.S. Copyright And Trademark Law, Christine Farley
Territorial Exclusivity In U.S. Copyright And Trademark Law, Christine Farley
Articles in Law Reviews & Other Academic Journals
Currently, U.S. trademark and copyright law both adopt employ a regime of international exhaustion of rights with respect to parallel importation after the Supreme Court ruled in Kirtsaeng last term. This agreement belies the fact that these two areas of law have developed in nearly divergent directions and have resulted in faltering intellectual property and trade policies. Currently, interpretation of the first sale doctrine hinges on the particular legal characteristics of both trademarks and copyrights. When dealing with trademarks, courts ultimately focus on the source of origin, taking into account consumer expectations or, instead, focusing on the business relationship, if …
The Bellagio Global Dialogues On Intellectual Property, Joe Karaganis
The Bellagio Global Dialogues On Intellectual Property, Joe Karaganis
Joint PIJIP/TLS Research Paper Series
This paper is an account of the Bellagio conferences and of their place within the larger arc of Rockefeller intellectual property work since 2002. In a more limited fashion, it is also an account of the transformation of IP from an obscure legal specialty into a major discourse of power and debate about the shape of globalization. The broadest achievement of the Bellagio series—and of Rockefeller Foundation work more generally in this area—has been to make this debate more open, participatory, and engaged with questions of poverty and human development.