Law Commons^™

Infringement As Unfair Competition: A Blueprint For Global Governance?, Sean Pager, Eric Priest

Sean Pager

INFRINGEMENT AS UNFAIR COMPETITION: A BLUEPRINT FOR GLOBAL GOVERNANCE?

Sean A. Pager Michigan State University College of Law

Eric Priest University of Oregon School of Law

ABSTRACT

This Article examines a new approach to address persistent regulatory failures in global supply chains. In a series of recent cases, unfair competition actions have been brought in U.S. court against foreign manufacturers who infringe software overseas under the theory that the cost savings from infringement confers an unfair advantage in U.S. markets. While this theory has been advanced in the intellectual property context, the same approach could work to target abuses in …

Beyond Culture Vs. Commerce: Decentralizing Cultural Protection To Promote Diversity Through Trade, Sean Andrew Pager

Sean Pager

Do culture and commerce conflict? The assumption that trade is incompatible with cultural diversity has disrupted economic liberalization, distorted world trade law, and damaged Europe’s film industry. A new wave of cultural protectionism now threatens to engulf e-commerce. Yet, as American appeals to fully liberalize audiovisual markets continue to fall on deaf ears, the real question is not whether to protect culture, but how. European protectionism has failed. South Korea shows there is a better way. Eschewing Europe’s top-down patronage model, Korean policy-makers have pursued a decentralized approach to develop their audiovisual industries. Deploying indirect subsidies ranging from tax incentives …

Beyond Culture Vs. Commerce Decentralizing Cultural Protection To Promote Diversity Through Trade, Sean Pager

Sean Pager

No abstract provided.