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Full-Text Articles in Law
Intellectual Property As A Determinant Of Health, Ana S. Rutschman
Intellectual Property As A Determinant Of Health, Ana S. Rutschman
Vanderbilt Journal of Transnational Law
Public health literature has long recognized the existence of determinants of health, a set of socioeconomic conditions that affect health risks and health outcomes across the world. The World Health Organization defines these determinants as “forces and systems” consisting of “factors combin[ing] together to affect the health of individuals and communities.” Frameworks relying on determinants of health have been widely adopted by countries in the global South and North alike, as well as international institutional players, several of which are direct or indirect players in transnational intellectual property (IP) policymaking. Issues raised by the implementation of IP policies, however, are …
Traditional Knowledge In Taiwan: A Call For Greater Participation Of Indigenous Peoples In The Global Intellectual Property Marketplace, James M. Cooper
Traditional Knowledge In Taiwan: A Call For Greater Participation Of Indigenous Peoples In The Global Intellectual Property Marketplace, James M. Cooper
Vanderbilt Journal of Transnational Law
This Article explores the plight of the Aborigines of Taiwan and the legal protections that exist for their Traditional Knowledge. While Taiwan continues to face international isolation with a diminished number of states recognizing the Republic of China as the seat of China, the island's government has taken limited steps to recognize language, cultural, and economic rights of its Indigenous peoples. International law has not been helpful in protecting Traditional Knowledge, but Taiwan could use its vast economic resources and positive track record in protecting some of these rights to further its goals of international recognition. This Article details the …
From Patchwork To Network: Strategies For International Intellectual Property In Flux, Paul E. Geller
From Patchwork To Network: Strategies For International Intellectual Property In Flux, Paul E. Geller
Vanderbilt Journal of Transnational Law
Laws of intellectual property define what is bought and sold on media and technology markets, notably works, trademarks, and inventions. Laws and treaties have traditionally been made and enforced by nation-states operating in a patchwork of territories. Now, the media and technology marketplace is being globalized in digital networks. The law is only beginning to respond to this change.
To analyze this process in the field of intellectual property, this Article will consider the following questions: First, how is the patchwork of national laws lagging behind new networks in this field? Second, how does the international regime of intellectual property …
Commentary: The International Intellectual Property Order Enters The 21st Century, Frederick M. Abbott
Commentary: The International Intellectual Property Order Enters The 21st Century, Frederick M. Abbott
Vanderbilt Journal of Transnational Law
This Commentary followed presentation of the first two articles in this volume at a meeting on the TRIPS Agreement. The commentator first reflects on the theme of Professor Oddi's article, and suggests that the TRIPS Agreement must be evaluated in the broad context of the Uruguay Round bargain. He observes that the potential economic impact of the TRIPS Agreement on global economic development is of central concern, and that much work remains to be done both in refining economic analysis of the Agreement, and in addressing developmental issues. The commentator then discusses renewed interest in the activities of WIPO, and …
Retroactivity And Reliance Rights Under Article 18 Of The Berne Copyright Convention, Katherine S. Deters
Retroactivity And Reliance Rights Under Article 18 Of The Berne Copyright Convention, Katherine S. Deters
Vanderbilt Journal of Transnational Law
This Note addresses the principle of retroactive copyright protection as it applies to new adherents to the Berne Convention for the Protection of Literary and Artistic Works (the Convention). The Note first examines the primary purposes of retroactivity as evidenced by the Convention's history and subsequent revisions. Next, the Note analyzes the language of the retroactivity principle as it appears in the most recent version of the Convention. The Note then discusses problems that may result from the United States recent adherence to the Convention. The author concludes that the current domestic copyright law of the United States violates international …
Intellectual Property Rights: The Issues In Gatt, David Hartridge, Arvind Subramanian
Intellectual Property Rights: The Issues In Gatt, David Hartridge, Arvind Subramanian
Vanderbilt Journal of Transnational Law
This Article examines the need for a multilateral framework to address the trade-related aspects of intellectual property rights (TRIPs). The authors trace the growing importance of TRIPs from its emergence at the Tokyo Round in 1978 to its present state as a major focus of multilateral negotiations at the Uruguay Round. A detailed discussion of existing GATT provisions and their relevance to intellectual property rights follows. The authors then describe the four major substantive issues related to TRIPs that are before the Negotiating Group: substantive standards of intellectual property protection; procedures for the enforcement of intellectual property protection; dispute settlement …
Sovereign Immunity: The Exception For Intellectual Or Industrial Property, Virginia Morris
Sovereign Immunity: The Exception For Intellectual Or Industrial Property, Virginia Morris
Vanderbilt Journal of Transnational Law
The doctrine of sovereign or state immunity exempts a state and its property from the judicial jurisdiction of any other state. The domestic courts of various nations have developed this doctrine over the years through cases in which private citizens have attempted to sue foreign states. Courts' enunciations of the principle of state immunity and their reasons for granting or denying the immunity are almost as numerous as the countries whose courts have faced this issue. The current work of the International Law Commission (the Commission) on the codification and the progressive development of the jurisdictional immunities of states and …
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
A Cargo Container Used to Ship Packaged Units is not a "Package" for Purposes of Limiting the Carrier's Liability for Loss under COSGA
Exemption from Compulsory Military Service will not Act as a Bar to Citizenship for an Alien if the Classification was later Changed to Make Him Eligible to Serve
Indeterminate Detension of an Excludable Alien in a Maximum Security Prison, Pending Unforeseeable Deportation, violates International Law
Patentholders do not Violate Antitrust Laws by Licensing only Foreign Patents even though the Patent Dependency created Limits Domestic Competition
Arbitral Tribunal lacks Jurisdiction to Hear the Claims of a Corporation Qualifying …
Book Review, Joel Davidow (Reviewer)
Book Review, Joel Davidow (Reviewer)
Vanderbilt Journal of Transnational Law
Book Review
Antitrust and American Business Abroad James Atwood and Kingman Brewster 2d ed. New York: McGraw-Hill Publishing Co., 1981. Two-volume text. Pp. 359 and 355.
Reviewed by Joel Davidow
International antitrust is one of the gourmet specialties on the menu of United States law. The combination of competition law, international law, and patent law, spiced with complex diplomatic and trade issues as well as a dash of foreign flavor, is irresistible to the connoisseur. The proof: even though few law schools offer a separate course in international antitrust law and few lawyers deal with the subject regularly, articles, hornbooks, …
Unctad's Draft Code Of Conduct On The Transfer Of Technology: A Critique, James W. Skelton, Jr.
Unctad's Draft Code Of Conduct On The Transfer Of Technology: A Critique, James W. Skelton, Jr.
Vanderbilt Journal of Transnational Law
UNCTAD's fourteenth plenary meeting on May 6, 1980, produced the latest of several attempts to draft such a code. The document is entitled "Draft International Code of Conduct on the Transfer of Technology" (Draft Code), and this draft will be the primary subject of analysis in this article. The drafters of the code face a number of problems, the least of which is the ultimate determination of the code's legal character and, consequently, its legal effect. This determination and other problem areas confronting the drafters, including the code's special preferences for developing countries, the core chapter on restrictive practices, and …
The European Patent System, Friedrich - Karl Beier
The European Patent System, Friedrich - Karl Beier
Vanderbilt Journal of Transnational Law
The formation of the European patent system, which I have presented here only in part and which is still missing one essential element, the Common Market patent, constitutes a milestone in the development of international patent law. No event since the Paris Convention for the Protection of Industrial Property in 1883 has so drastically changed the system of protection of inventions as the European patent system will. I do not except the Patent Cooperation Treaty (PCT) signed in Washington in 1970 and entered into force over two years ago. It certainly overcomes the territorial approach of the Paris Convention in …
Recent Cases, Journal Staff
Recent Cases, Journal Staff
Vanderbilt Journal of Transnational Law
Plaintiff, a West German foundation, sued to enjoin infringement of United States trademarks by defendant, an East German "peoples-owned enterprise." The original Carl Zeiss Stiftung was created at Jena in 1889 with the required approval of the Duchy of Saxe-Weimar-Eisenach for the purpose of owning and operating an optical business for profit. In 1945, before Jena became part of the Soviet Zone, United States military authorities evacuated all members of the Zeiss Board of Management, as well as key personnel, to Heidenheim, Wuerttemberg, in the United States zone. In 1948, the Soviet Union expropriated all Zeiss assets in Jena, including …