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Annual Survey of International & Comparative Law

Journal

2010

Agreement on trade-related aspects of intellectual property rights

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Fish Or Fowl? The Nature Of Wto Dispute Resolution Under Trips, Anne Hiaring Aug 2010

Fish Or Fowl? The Nature Of Wto Dispute Resolution Under Trips, Anne Hiaring

Annual Survey of International & Comparative Law

This note discusses the procedure of dispute resolution in the World Trade Organization (WTO). The note goes on to discuss WTO disputes involving intellectual property to date and the possible impacts of the WTO dispute resolution procedures on the determination of substantive issues of intellectual property law, using dispute WS 160 involving the Fairness in Music Licensing Act, as an example. The note concludes that the same concerns about lack of due process and inability of amici to appear in the proceedings that cause concern in the environmental field are also causes of concern with respect to intellectual property rights …


What's New In The Neighborhood - The Export Of The Dmca In Post-Trips Ftas, Anne Hiaring Aug 2010

What's New In The Neighborhood - The Export Of The Dmca In Post-Trips Ftas, Anne Hiaring

Annual Survey of International & Comparative Law

This paper will first discuss the historical use of trade regulation to regulate intellectual property law protection outside the U.S., then will discuss the history of the WIPO Internet Treaties, the implementation of them in the DMCA, the provisions of the Induce Act, and the DMCA derived provisions in the 2003 FTA with Singapore.


Trademark Under The Nepalese Legal System: A Comparative Study With The Trips Agreement, Ramesh Bikram Karky Aug 2010

Trademark Under The Nepalese Legal System: A Comparative Study With The Trips Agreement, Ramesh Bikram Karky

Annual Survey of International & Comparative Law

As trademark is vital to the promotion of trade and the protection of consumer interest, a study on the protection of trademarks will be meaningful. The norms of trademark protection prescribed in the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as ''TRIPS'') are internationally recognized as standard. In this paper, Nepalese trademark laws will be studied and compared with the minimum standards prescribed by the TRIPS. This study will suggest a few recommendations for further promotion and protection of trademarks in Nepal.