Law Commons^™

Barriers To Criminal Enforcement Against Counterfeiting In China, Daniel C.K. Chow

Vanderbilt Journal of Entertainment & Technology Law

Multinational companies (MNCs) with valuable trademarks in China seek criminal enforcement against counterfeiting because other available avenues of relief, such as administrative and judicial remedies, have proven to be ineffective. While MNCs prefer enforcement through China’s Police, the Public Security Bureau (PSB), many MNCs are unaware of the significant hidden dangers of using the PSB.

Most MNCs will delegate enforcement of trademark rights to their Chinese subsidiaries. These subsidiaries are known to make illegal payments to the PSB that may violate the laws of the PRC as well as the United States Foreign Corrupt Practices Act (FCPA). These acts expose …

The Right Of Attribution In Literary Works In Three Acts, By W. Shakespeare, Daniel J. Gervais

Vanderbilt Journal of Entertainment & Technology Law

This Article charts the three phases in the evolution of the norm of attribution in literary works: the norm in England before and during Shakespeare's time, the emergence of authorship-based norms in the Romantic period (allowing moral rights to be enshrined in international copyright treaties) and their demise at the hands of postmodernism and New Criticism, and the current norms that aim to protect the integrity of educational processes and to inform readers and other users of books, plays, or other creative works about their "source." It tracks a debate during Shakespeare's lifetime on the difference between nonattribution and false …

The Protection Of Industrial Property Rights In The European Economic Community, Ronald L. Smallwood

Vanderbilt Journal of Transnational Law

This study of European Economic Community (EEC) industrial property rights discusses trademarks, patents, and copyrights. The legal foundation for the protection of these industrial property rights in the EEC is derived from article 36 of the EEC Treaty, which expressly allows an exception to the prohibition of restrictions against the free movement of goods within the EEC when justified by the protection of industrial property, and article 222, which encompasses the protection of industrial property in the Member States. Although decisions of the Court of Justice on industrial property rights are infrequent, their ramifications are significant throughout the Community since …

Licensing In The Eastern Bloc, Lajos Schmidt

Vanderbilt Journal of Transnational Law

This article will discuss the legal problems faced by American enterprises desiring to license industrial property rights--principally patents, trademarks and know-how--in Eastern Europe. Licensing in seven countries--the Soviet Union, Poland, Czechoslovakia, Hungary, Romania, the German Democratic Republic (East Germany) and Bulgaria--will be examined. Of course, these countries form separate and independent legal and political jurisdictions; and even their cultural backgrounds differ. Any generalization about them must be taken in that context. Nonetheless, each of these countries is governed by similar political and economic principles--in particular, the principle of centralized economic planning. These common factors are reflected in common problems faced …