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Regulatory Data Protection Under Trips Article 39(3) And Article 10bis Of The Paris Convention: Is There A Doctor In The House?, Christopher Wadlow
Regulatory Data Protection Under Trips Article 39(3) And Article 10bis Of The Paris Convention: Is There A Doctor In The House?, Christopher Wadlow
Christopher Wadlow
Article 39 of the WTO TRIPs Agreement has attracted much attention for the protection its final paragraph affords for regulatory data in the pharmaceutical and agrochemical industries, but the literature has tended to treat Article 39(3) in individual isolation. This is to ignore one of the most striking features of Article 39, which is that in contrast to every other substantive provision of TRIPs, it expressly defines its entire scope of application by reference to a pre-existing treaty, the Paris Convention for the Protection of Industrial Property, and specifically Article 10bis of the latter, dealing with unfair competition. This article …
"A Monopolização Da Concorrência E A (Re-)Emergência Da Tutela Da Marca, De Nogueira Serens, 2007, Victor J. Calvete
"A Monopolização Da Concorrência E A (Re-)Emergência Da Tutela Da Marca, De Nogueira Serens, 2007, Victor J. Calvete
Victor J. Calvete
In his PhD work, Nogueira Serens portrays the parallel ascent of the trade-mark law and unfair competition law (from the end of the XIX century to the mid XX century) as different paths to the same goal: to restrict competition. He also shows that, from where we stand today, several other emerging fields of law (from sanitary legislation to labor legislation, from advertising law to corporation law) could be pictured as designed to stifle competition. The review tries to put his 1250 pages of arguments in a nutshell.