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Full-Text Articles in Law
Plain Packaging And The Interpretation Of The Trips Agreement, Daniel J. Gervais, Susy Frankel
Plain Packaging And The Interpretation Of The Trips Agreement, Daniel J. Gervais, Susy Frankel
Daniel J Gervais
Plain packaging of cigarettes as a way of reducing tobacco consumption and its related health costs and effects raises a number of international trade law issues. The plain packaging measures adopted in Australia impose strict format requirements on word trademarks (such as Marlboro or Camel) and ban the use of figurative marks (colors, logos, etc.). As a result, questions have been raised as to plain packaging’s compatibility with the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). WTO members can validly take measures to protect and promote public health, but in doing so they …
U.S.-Latin American Free Trade Agreements And Access To Medicine, Dominique Lochridge-Gonzales
U.S.-Latin American Free Trade Agreements And Access To Medicine, Dominique Lochridge-Gonzales
Dominique Lochridge-Gonzales
U.S.-Latin American Free Trade Agreements and Access to Medicine analyzes the effects of FTA provisions on access to medicine. Access to medicine lies at the heart of the crossroads between the international human right to health and international intellectual property law delineated in TRIPS. True availability of essential medicines to millions of people depends on a balance between the formations of these medicines in the first place (through rewarding innovation) and promulgating rules that allow for practicable access to those medicines. FTAs provide a method for implementing the right to health by fostering practicable access to essential medicines in the …
E Unum Pluribus: The Limitations On State Law Because Of Foreign Policy Uses Of State Law As A Gap Filler To Meet The International Obligations Of The United States, Llewellyn Gibbons
E Unum Pluribus: The Limitations On State Law Because Of Foreign Policy Uses Of State Law As A Gap Filler To Meet The International Obligations Of The United States, Llewellyn Gibbons
Llewellyn Joseph Gibbons
Unlike many nations where the ratification of a treaty immediately changes its internal laws, in the United States, unless the language of the treaty is self-executing, Congress must affirmatively change domestic laws to conform to the obligations of the treaty. Increasing, it is a modern trend for the United States to represent in international forums that the United States is in conformity with its international obligations because of state statutes or because of common law court decisions. This article looks whether the foreign policy representations of the United States to other countries (in the context of the international intellectual property …