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Articles 1 - 10 of 10
Full-Text Articles in Law
Intellectual Property In International Trade: Opportunities And Risks Of A Gatt Connection, J. H. Reichman
Intellectual Property In International Trade: Opportunities And Risks Of A Gatt Connection, J. H. Reichman
Vanderbilt Journal of Transnational Law
Professor Reichman uncovers a paradox at the heart of the debate about bringing international intellectual property relations within a GATT Code of Conduct. On the one hand, the industrialized countries that subscribe to free-market principles at home want to impose a highly regulated market for intellectual goods on the rest of the world, one in which authors and inventors may "reap where they have sown." On the other hand, the developing countries that restrict free competition at home envision a totally unregulated world market for intellectual goods, one in which "competition is the lifeblood of commerce." To unravel this paradox, …
Intellectual Property And International Trade: Merger Or Marriage Of Convenience?, R. Michael Gadbaw
Intellectual Property And International Trade: Merger Or Marriage Of Convenience?, R. Michael Gadbaw
Vanderbilt Journal of Transnational Law
This Article examines the interaction between trade and intellectual property rights policies through certain key developments in United States law, the General Agreement on Tariffs and Trade (GATT) and the World Intellectual Property Organization (WIPO). While this brief review is not intended to provide a definitive analysis, it will offer worthwhile insights into the prospects for, and implications of, such a merger. For this purpose, this Article considers the efforts in GATT to negotiate a code on intellectual property rights and the parallel efforts in WIPO to negotiate a treaty for the protection of semiconductor designs. While the GATT talks …
International Trade And Intellectual Property: Promise, Risks, And Reality, Congressman Robert W. Kastenmeier, David Beier
International Trade And Intellectual Property: Promise, Risks, And Reality, Congressman Robert W. Kastenmeier, David Beier
Vanderbilt Journal of Transnational Law
The trading nations of the world are set to make decisions that will determine the future pattern of international trade. Negotiations are currently underway to bring trade in certain agricultural products, services, and goods and services protected as intellectual property" within the General Agreement on Tariffs and Trade (GATT). This Article will outline how the consideration of intellectual property came to be included in this round of talks. It will assess the potential benefits and risks of including intellectual property, forecast the probable outcome, and, finally, suggest ways to improve the chances for inclusion of intellectual property into the GATT. …
Remarks Of Dr. Carlos A. Primo Braga; Professor Robert Hudec; Yoichiro Yamaguchi; Alice T. Zalik; David Beier; Professor Donald S. Chisum; Professor John H. Jackson; Professor Suman Naresh; Professor Paul Goldstein; Mr. Emory Simon; Mr. Fred Koenigsberg; Mr. Harvey Schein; Mr. Ralph Oman; Mr. Michael Remington, Dr. Carlos A. Primo Braga
Vanderbilt Journal of Transnational Law
I am going to talk about LDCs intellectual property rights and the GATT. I do not think I need to talk too much on this, because Dr. Subramanian made an excellent presentation on the main issues yesterday. I will try to present the debate along the so-called North-South divide, and this is, of course, an oversimplification. I will be talking about the North proposal, which is basically the American proposal. It is a maximalist proposal, although parts of it are supported by other industrialized countries. The South proposals are basically the proposals of the foot draggers like Brazil and India, …
The Death Of Ideology In Soviet Foreign Investment Policy, Christopher Osakwe
The Death Of Ideology In Soviet Foreign Investment Policy, Christopher Osakwe
Vanderbilt Journal of Transnational Law
This Article's primary thesis is that the Soviet Government's decision to permit the creation of international joint ventures in the Soviet Union is a major instrument of the policy of perestroika. As such, the stability and profitability of any international commercial joint enterprise in the Soviet Union is inextricably linked with the fate of perestroika. If perestroika succeeds, the Soviet Union will have a market-oriented socialist economy, fully integrated into the world economy. By virtue of this success, Western investors and entrepreneurs will be in a position to make deeper, more profitable, and more lasting inroads into the Soviet economy. …
The Economics Of Intellectual Property Rights And The Gatt: A View From The South, Carlos A.P. Braga
The Economics Of Intellectual Property Rights And The Gatt: A View From The South, Carlos A.P. Braga
Vanderbilt Journal of Transnational Law
This Article explores the attitude of less developed countries (LDCs) with respect to the debate on TRIPs at the Uruguay Round. Part II addresses the evolution of the debate at the GATT level. Part III presents the economics of intellectual property rights protection from the point of view of LDCs. Finally, Part IV summarizes the main conclusions and recommendations of the Article.
Uruguay Round Trips: A Bibliographic Essay, William M. Walker
Uruguay Round Trips: A Bibliographic Essay, William M. Walker
Vanderbilt Journal of Transnational Law
The Uruguay Round of multilateral trade negotiations began with a special ministerial meeting of the Contracting Parties to the General Agreement on Tariffs and Trade (GATT) held in Punta del Este, Uruguay, on September 20, 1986. "Trade-Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods" (TRIPs) is a designated subject for negotiation in the Uruguay Round. The inclusion of intellectual property rights in the Uruguay Round is the culmination of a process that began during the Tokyo Round. While the Tokyo Round was in progress, the United States and the European Community reached a tentative accord on various …
The New Section 301 Of The Omnibus Trade And Competitiveness Act Of 1988, Steven R. Phillips
The New Section 301 Of The Omnibus Trade And Competitiveness Act Of 1988, Steven R. Phillips
Vanderbilt Journal of Transnational Law
This Article examines the changes brought about in United States trade policy by the Omnibus Trade and Competitiveness Act of 1988. Mr. Phillips provides a detailed history of the evolution of the Act's three main revisions of section 301: the transfer from the President to the United States Trade Representative (USTR) of the power to identify foreign unfair trade practices and to take action in response; the imposition of mandatory retaliation by the USTR against unfair trade practices unless one of six exceptions applies; and, under the "Super 301" provision, the USTR's obligation to identify unfair trade balances and either …
Protecting First World Assets In The Third World: Intellectual Property Negotiations In The Gatt Multilateral Framework, Frederick M. Abbott
Protecting First World Assets In The Third World: Intellectual Property Negotiations In The Gatt Multilateral Framework, Frederick M. Abbott
Vanderbilt Journal of Transnational Law
This Article addresses industrialized countries' growing concerns over technology transfer and their efforts to obtain protection of intellectual property rights under the General Agreement on Tariffs and Trade (GATT). Mr. Abbott analyzes the intellectual property problem in the context of the GATT framework and the weakness of current intellectual property protection. Developing countries do not accept the United States contention either that intellectual property is covered implicitly by the GATT or that the current lack of protection reflects a fundamental flaw in the General Agreement. Mr. Abbott focuses on this disagreement in laying out the framework for possible solutions, which …
Europe 1992 And The Rise Of The Pacific Rim: Do Changing World Trading Patterns Require A Change In United States Shipping Laws?, Andrew M. Danas
Europe 1992 And The Rise Of The Pacific Rim: Do Changing World Trading Patterns Require A Change In United States Shipping Laws?, Andrew M. Danas
Vanderbilt Journal of Transnational Law
This Article analyzes the significant issues facing the Presidential Advisory Commission on Ocean Conferences in Ocean Shipping. This Commission will assess the success of the Shipping Act of 1984 and will report to Congress on the need for changes in the 1984 Act and in United States regulatory policy regarding international ocean common carriers. Mr. Danas recommends that the Commission carefully examine the antitrust-exempt conferences, which international ocean common carriers have been organizing for over one hundred years for the purpose of self-regulation and rationalization. Mr. Danas suggests that the review of the continued existence of the liner conference system …