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Fish Or Fowl? The Nature Of Wto Dispute Resolution Under Trips, Anne Hiaring
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
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
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.
Copyright: Choice Of Law And Jurisdiction In The Digital Age, Raquel Xalabarder
Copyright: Choice Of Law And Jurisdiction In The Digital Age, Raquel Xalabarder
Annual Survey of International & Comparative Law
This comment is based on a speech delivered by the author at the 10th Regional Meeting of the American Society of International Law and 11th Annual Fulbright Symposium on International Legal Problems at Golden Gate University School of Law on March 30, 2001.
Trips Agreement Implications For Asean Protection Of Computer Technology, Marie Wilson
Trips Agreement Implications For Asean Protection Of Computer Technology, Marie Wilson
Annual Survey of International & Comparative Law
The new Trade-Related Aspects of Intellectual Property Agreement (the TRIPs Agreement), a result of the recent General Agreement of Tariffs and Trade (GATT) Uruguay Round, represents a major step toward providing the global trading system with more effective rules and enforcement procedures for the protection of all forms of intellectual property. The author presents a comprehensive analysis of the TRIPs Agreement requirements and of their ramifications for intellectual property protection and enforcement in the Association of East Asian Nations (ASEAN). The paper concludes with an assessment of the future ofcomputer technology protection in the ASEAN countries.
Intellectual Property Law In China: Basic Policy And New Developments, Naigen Zhang
Intellectual Property Law In China: Basic Policy And New Developments, Naigen Zhang
Annual Survey of International & Comparative Law
In recent years, Sino-U.S. trade-related disputes over protection of intellectual property rights have raised concerns about China's intention to enforce its intellectual property laws. In order to gain a reasonable view on this issue, this article focuses on Chinese basic policies to enforce intellectual property laws and on some important new developments. Part I presents a discussion of China's constitutional principles for the protection of intellectual property rights. Part II and III describe China's Customs Regulation and judicial enforcement of intellectual property laws.