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Full-Text Articles in Law
Infringement, Unbound, Sarah R. Wasserman Rajec
Infringement, Unbound, Sarah R. Wasserman Rajec
Faculty Publications
No abstract provided.
The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec
The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec
Faculty Publications
Intellectual property law has become bound up in a debate about appropriate remedies for violations of the World Trade Organization Agreement. As an alternative to traditional countermeasures that consist of retaliation under the violated agreement, the World Trade Organization ("WTO ") contemplates that violations of one of its covered agreements may be remedied through "cross-retaliation, " or retaliation under another agreement. One form of cross-retaliation has garnered interest in recent years: the threat to suspend intellectual property rights in response to unrelated trade violations
Cross-retaliation through intellectual property rights suspension is theoretically appealing for its potential to avoid problems inherent …
Regulatory And Judicial Implementations Of Patent Law Flexibilities, Sarah R. Wasserman Rajec
Regulatory And Judicial Implementations Of Patent Law Flexibilities, Sarah R. Wasserman Rajec
Faculty Publications
No abstract provided.
Foreword, Judith M. Barzilay
Sequencing, Acoustic Separation, And 3-D Negotiation Of Complex Barriers: Charlene Barshefsky And Ip Rights In China, Rebecca Green, James K. Sebenius
Sequencing, Acoustic Separation, And 3-D Negotiation Of Complex Barriers: Charlene Barshefsky And Ip Rights In China, Rebecca Green, James K. Sebenius
Faculty Publications
Taking the perspective of the lead U.S. negotiator, Charlene Barshefsky, this article details and analyzes the negotiations that took place in the mid-1990s between the United States and the People's Republic of China over intellectual property rights (IPR). Employing a "negotiation analytic" methodology, Charlene Barshefsky's actions are interpreted to suggest a number of promising approaches to managing the daunting complexities of trade and other negotiations: recognizing the multiparty aspects of apparently bilateral dealings and capturing them in a "deal diagram;" carefully assessing "barriers" to agreement; sequencing to build a winning coalition and overcome potentially blocking ones; "acoustic separation" of issueframes; …
Country/Region Reports -- United States Of America, Linda A. Malone
Country/Region Reports -- United States Of America, Linda A. Malone
Faculty Publications
No abstract provided.
Self-Regulation In Global Electronic Markets Through Reinvigorated Trade Usages, Raj Bhala
Self-Regulation In Global Electronic Markets Through Reinvigorated Trade Usages, Raj Bhala
Faculty Publications
In a global electronic market the role of trade usages must be reinvigorated to better suit the needs of market participants. Contrary to the approach to trade usages often adopted by courts and scholars, usages should not be seen as merely a device to interpret disputed terms in a contract. Rather, they should be viewed as a legal foundation for existing and new trade practices and, therefore, as a source of authority for and legal obligation arising from such practices. In sum, they should be regarded as a means by which participants in global eiectronic markets can engage in self-regulation. …
Country/Region Reports -- United States Of America, Linda A. Malone
Country/Region Reports -- United States Of America, Linda A. Malone
Faculty Publications
No abstract provided.
Country/Region Reports -- United States Of America, Linda A. Malone
Country/Region Reports -- United States Of America, Linda A. Malone
Faculty Publications
No abstract provided.
The Trade Act Of 1974 Revisited: The Need For Further Reform, Scott C. Whitney
The Trade Act Of 1974 Revisited: The Need For Further Reform, Scott C. Whitney
Faculty Publications
Approximately four months after President Ford signed into law the Trade Act of 1974,1 the first petition for import relief was filed invoking the "liberalized" provisions of Title II.2 In the three years since the effective date of the 1974 Act, the United States International Trade Commission (ITC) has instituted investigations concerning a wide variety of commodities. 3 Nonetheless, even though Congress by enacting the 1974 Act intended to minimize the President's control over trade policy and to make import relief more accessible to both industry and labor, the lTC's recommendations have rarely been followed. This article will analyze the …
The Trade Act Of 1974: Coping With Unequal Environmental Control Costs, Scott C. Whitney
The Trade Act Of 1974: Coping With Unequal Environmental Control Costs, Scott C. Whitney
Faculty Publications
No abstract provided.