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Where's The Beef? Why Burger King Is Hungry Jack's In Australia And Other Complications In Building A Global Franchise Brand, Andrew Terry, Heather Forrest
Where's The Beef? Why Burger King Is Hungry Jack's In Australia And Other Complications In Building A Global Franchise Brand, Andrew Terry, Heather Forrest
Northwestern Journal of International Law & Business
The territorial nature of trademark law and the lack of a single universal registration system present challenges to franchisors and other brand proprietors expanding operations beyond the home market in which intellectual property rights have been secured. International treaties such as the Paris Convention for the Protection of Industrial Property, the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS"), the Madrid Agreement, and the Madrid Protocol have attracted worldwide support and made significant inroads towards harmonization of trademark registrability criteria and the administration of the registration process. However, intellectual property rights are, by their very nature, rights granted by …
The Protection Of Test And Other Data Required By Article 39.3 Of The Trips Agreement, G. Lee Skillington, Eric M. Solovy
The Protection Of Test And Other Data Required By Article 39.3 Of The Trips Agreement, G. Lee Skillington, Eric M. Solovy
Northwestern Journal of International Law & Business
This article provides a comprehensive analysis of the origins, purpose and scope of protection for test and other data required by TRIPS Article 39.3. Through this analysis, which looks to the ordinary meaning of the provision in proper context in the same manner as would a WTO dispute settlement panel or the WTO Appellate Body, we conclude that Article 39.3 provides protection against the unjust or unfair application or conversion of certain test and other data to make a profit or to obtain a benefit. Such protection must be provided long enough to allow the originator to at least recoup …