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Articles 1 - 11 of 11
Full-Text Articles in Intellectual Property Law
Legal Protection Of Trade Secrets In The People's Republic Of China, Yuan Cheng
Legal Protection Of Trade Secrets In The People's Republic Of China, Yuan Cheng
Washington International Law Journal
The increasing need for an adequate legal framework for the protection of trade secrets in the People's Republic of China led to the 1993 promulgation of the Law for Countering Unfair Competition ("LCUC"). The LCUC has removed some of the barriers to obtaining effective remedies. Under the LCUC, the injured party can rely on a legal definition of "trade secrets," sue third parties, and expect that authorities will investigate violations. Nevertheless, barriers to adequate protection for trade secrets remain. In discussing the legal framework for trade secrets protection, this Article illustrates how the ambiguity of the LCUC's relationship with other …
An Analysis Of The Nature And Impact Of Legal Complexities Facing United States Corporations Considering Investment Into The New South Africa, Philip R. Mcdougall
An Analysis Of The Nature And Impact Of Legal Complexities Facing United States Corporations Considering Investment Into The New South Africa, Philip R. Mcdougall
LLM Theses and Essays
Due to sanctions imposed against South Africa’s Apartheid government, the South African economy suffered as little international investment was made in the country. With these sanctions lifted following the democratic elections of 1994, South Africa is now an alluring country for international investment. Despite this attractiveness, U.S. corporations face many legal concerns before entering the South African economy. An analysis of these issues is made in the context of American and South African law with solutions proposed in an effort to avoid deterring foreign investment. These concerns include political and non-economic risks that often hinder investment in the African continent, …
The Continental Moral Rights Doctrine And Its Applicability In The United States Copyright System, Oswaldo Jose Quintana
The Continental Moral Rights Doctrine And Its Applicability In The United States Copyright System, Oswaldo Jose Quintana
LLM Theses and Essays
In the last half of the twentieth century, international copyright protection has become of much greater concern as the copyright industry has become supranational. Treaties enacted in the last ten years such as the Berne Convention Implementation Act, the Uruguay Round Agreements Act, and the Agreement on Trade-Related Aspects of Intellectual Property Rights, provide the highest copyright protection available at the international level. Global piracy has declined in the last several years because of these provisions. However, the adherence by the United States to these treaties has caused controversy; some maintain that it represents a major overhaul of federal law …
The Evolution Of Free Trade In The Americas: Nafta Case Studies, Claudio Grossman
The Evolution Of Free Trade In The Americas: Nafta Case Studies, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson
Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Transboundary environmental problems do not distinguish between political boundaries. Global warming is expected to cause thermal expansion of water and melt glaciers. Both are predicted to lead to a rise in sea level. We must enlarge our paradigms to encompass a global reality and reliance upon global participation.
Viet Nam Or Bust: Why Trademark Pirates Are Leaving China For Better Opportunities In Viet Nam, Graziella M. Sarno
Viet Nam Or Bust: Why Trademark Pirates Are Leaving China For Better Opportunities In Viet Nam, Graziella M. Sarno
Penn State International Law Review
No abstract provided.
Norms And Property In The Middle Kingdom, Glenn R. Butterton
Norms And Property In The Middle Kingdom, Glenn R. Butterton
Articles
No abstract provided.
China's Copyright Law And The Trips Agreement, Reiko R. Feaver
China's Copyright Law And The Trips Agreement, Reiko R. Feaver
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Doctrine Of Equivalents After Hilton Davis: A Comparative Law Analysis, Toshiko Takenaka
Doctrine Of Equivalents After Hilton Davis: A Comparative Law Analysis, Toshiko Takenaka
Articles
This Article will address a number of major topics. First, it discusses the Federal Circuit's renewed interest in Graver Tank and the merger of the infringement test with the patentability test established by the Supreme Court in Graham v. John Deere Co. Then, this Article responds to the dissenting judges in Hilton Davis who emphasized the danger of uncertainty that stems from the in-principle application of the doctrine of equivalents. This response explains that the application of the doctrine does not increase the uncertainty in determining infringement but, rather, encourages clear, definitive claim drafting. It then examines the relationship …
If It Walks Like A Duck: A Proposal To Unify U.S. Customs' Treatment Of Infringing Imports, 29 J. Marshall L. Rev. 711 (1996), Keith M. Stolte
If It Walks Like A Duck: A Proposal To Unify U.S. Customs' Treatment Of Infringing Imports, 29 J. Marshall L. Rev. 711 (1996), Keith M. Stolte
UIC Law Review
No abstract provided.
Does A Cultural Barrier To Intellectual Property Trade Exist? The Japanese Example, Toshiko Takenaka
Does A Cultural Barrier To Intellectual Property Trade Exist? The Japanese Example, Toshiko Takenaka
Articles
What is the so-called "cultural barrier to intellectual property trade?" No definition for this phrase readily came to me when I began exploring the topic. Japanese intellectual property scholars and professionals strongly suspect that their U.S. counterparts, who find institutional or economic explanations for discrepancies between European and American business customs, nevertheless tend to attribute the differences between Japanese and American business practices to cultural differences. Three popular arguments offered to substantiate this "cultural barrier to intellectual property trade" theory are: (1) the application of the concepts of competition and monopoly to intangibles such as technology and ideas is foreign …