Suitability Of Goods: Obligations Of The Parties In International Sales And Purchases Case Study Of The Borecene Sales And Purchase Contract Between Kingspan (England) And Borealis (Denmark), 2024 Prayudi & Partners - Counselors at Law
Suitability Of Goods: Obligations Of The Parties In International Sales And Purchases Case Study Of The Borecene Sales And Purchase Contract Between Kingspan (England) And Borealis (Denmark), A.D. Agung Sulistyo, Hanna Adistyana Hefni
Journal of Private International Law Studies
Globalization, which has contributed to the proliferation of international buying and selling activities, necessitates legal unification to overcome differences in the rules for buying and selling contracts enshrined in national law. Using normative legal research methods and focusing on aspects of the parties' obligations in international sales and purchase contracts, this paper compares the rules contained in Indonesia's Civil Code (KUHPerdata) and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The case of a sales-purchase contract dispute between a British company group and a Danish trading company was also investigated in order to gain a …
Puerto Rico: The Island Of Infringement? An Analysis Of The Intersectionality Of Eleventh Amendment Sovereign Immunity And Federal False Endorsement Claims, 2024 University of Miami School of Law
Puerto Rico: The Island Of Infringement? An Analysis Of The Intersectionality Of Eleventh Amendment Sovereign Immunity And Federal False Endorsement Claims, Robert Hilton
University of Miami Inter-American Law Review
This Note delves into the complex legal landscape of Puerto Rico’s application of sovereign immunity in the context of federal false endorsement claims, focusing particularly on the recent case involving the unauthorized use of Hall of Fame baseball player Roberto Clemente’s name and likeness. It critically examines the intersectionality of Eleventh Amendment sovereign immunity with the Lanham Act’s Section 43(a), highlighting the challenges faced in enforcing intellectual property rights within unincorporated territories of the United States.
The analysis begins by exploring the historical basis of sovereign immunity and its evolution from common law to the intricacies of the Eleventh Amendment. …
Limitations And Exceptions In The Wipo Instrument On Genetic Resources And Associated Traditional Knowledge, 2024 American University Washington College of Law
Limitations And Exceptions In The Wipo Instrument On Genetic Resources And Associated Traditional Knowledge, Sean Flynn
Joint PIJIP/TLS Research Paper Series
One of the hot topics in the World Intellectual Property Organization (WIPO) diplomatic conference on an instrument on “Intellectual Property, Genetic Resources and Traditional Knowledge Associated with Genetic Resources” is whether and what exceptions language should be included in the text. At the brief public report from Committee I on May 15, 2024, the Chair reported: “There appears to be adequate support for eliminating Article 4, limitations and exceptions. Some parties opposed.” This Blog provides some background information on the Article and analysis of potentially applicable models and concepts for the provision, including analysis of similar treaties with no exceptions.
Sanctions For Non Disclosure, As Set Out In Article 6 Of The Wipo Basic Proposal On Intellectual Property, Genetic Resources And Traditional Knowledge, Should Include Possible Revocation Of A Patent, 2024 Knowledge Ecology International (KEI)
Sanctions For Non Disclosure, As Set Out In Article 6 Of The Wipo Basic Proposal On Intellectual Property, Genetic Resources And Traditional Knowledge, Should Include Possible Revocation Of A Patent, James Love, Claire Cassedy
Joint PIJIP/TLS Research Paper Series
The basic proposal for an international legal instrument relating to intellectual property, genetic resources and traditional knowledge associated with genetic resources prepared by the World Intellectual Property Organization (WIPO) Secretariat (GRATK/DC/3) sets out in its Article 3 a narrow obligation to disclose (1) the country of origin of the genetic resource, or if not known, its source, and (2) the Indigenous Peoples or local community that provided traditional knowledge associated with the genetic resource, or the source of such knowledge.
Article 6 of the basic proposal sets out the sanctions and remedies for failures to make such disclosures. Among the …
Wipo Good Practice Toolkit For Collective Management Organisations 2021: Suggestions For Possible Amendment, 2024 University of the Western Cape
Wipo Good Practice Toolkit For Collective Management Organisations 2021: Suggestions For Possible Amendment, Desmond Oriakhogba
Joint PIJIP/TLS Research Paper Series
Drawing examples from national and international legal instruments, and based on existing studies, this comment makes suggestions for possible amendment of the World Intellectual Property Organization’s Good Practice Toolkit for Collective Management Organisations 2021 (CMO Toolkit). The suggestions are for inclusion of good practices in the CMO Toolkit that can inform the regulation of CMOs to prevent them from constituting obstacles to open access non-commercial licensing and L&Es-enabled access for education and research. The suggestion also covers good practices that will prevent CMOs from impeding the smooth and effective development of artificial intelligence systems. Recommendations include protecting rightholders' ability to …
Elaborating A Human Rights Friendly Copyright Framework For Generative Ai, 2024 Luiss Guido Carlo University, Rome
Elaborating A Human Rights Friendly Copyright Framework For Generative Ai, Christophe Geiger
Joint PIJIP/TLS Research Paper Series
This paper analyses the copyright issues related to so-called “generative AI” systems and reviews the arguments currently advanced to change the copyright regime for AI-generated works from a human rights perspective. It argues that because of the applicable human rights framework for copyright but also the anthropocentric approach of human rights the protection of creators and human creativity must be considered the point of reference when assessing future reforms with regard to copyright and generative AI systems. Consequently, the copyrightability of AI-generated outputs should be considered with utmost care and only when AI is used as a technical tool for …
The Future Of The International Financial System: The Emerging Cbdc Network And Its Impact On Regulation, 2024 Singapore Management University
The Future Of The International Financial System: The Emerging Cbdc Network And Its Impact On Regulation, Heng Wang, Simin Gao
Research Collection Yong Pung How School Of Law
Central bank digital currency (CBDC) is a digital form of fiat currency. CBDC has the potential to be a game challenger in the international financial system, bringing increased complexities arising from technology and regulatory considerations, as well as generating greater currency competition. As more states begin exploring CBDC, the interactions between actors may lead to the emergence of a new CBDC network. What shape would the emerging CBDC network take? What would its network effects be? What would be the impact of the CBDC network on the international financial system, or the global financial network? This article explores these questions …
Defrosting Regulatory Chill, 2024 Texas A&M University School of Law
Defrosting Regulatory Chill, Guillermo J. Garcia Sanchez
Faculty Scholarship
In Homer’s Odyssey, King Odysseus asked his men to tie him to the mast of his ship with the hope that he would not jump into the sea after listening to the Sirens. The Odyssey’s hero made a pact to bind himself in the future. He knew that the temptation would be impossible to resist without restraints. Similarly, the creators and advocates of international investment agreements believe that providing rights to foreign investors through international treaties will chill State policies that would harm the interests of investors in the future. The “rope” to tie the State is the threat of …
U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, 2024 American University Washington College of Law
U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi
Sustainable Development Law & Policy
Though the case is ongoing, and results are still to be seen, it in many ways sets a precedent for indigenous communities in Latin America seeking redress for environmental and cultural injustices. With Colombia’s recent ratification of The Escazú Regional Agreement (the Agreement herein) in 2022, this case presents a unique opportunity for implementation of the Agreement and greater accountability within existing domestic legislation.
Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, 2024 American University Washington College of Law
Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar
Sustainable Development Law & Policy
This paper analyses the governance machine in place at the Arctic and examines the application of the principles of “common heritage of mankind” at the Arctic. This paper also offers some tentative propositions aimed at protecting Out Bound investment rights and how the World Trade Organization or other countries, like the U.S., can intercede in the Arctic investment sphere and attempt to regulate along with the United Nations Convention for the Law of the Sea.
Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, 2024 American University Washington College of Law
Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham
Sustainable Development Law & Policy
The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …
Editor's Note, 2024 American University Washington College of Law
Editor's Note, Shade Streeter, Reagan Ferris
Sustainable Development Law & Policy
The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.
Building A Text And Data Mining Limitation: The Brazilian Case, 2024 American University Washington College of Law
Building A Text And Data Mining Limitation: The Brazilian Case, Luca Schirru, Allan Rocha De Souza, Claudia Chamas
Joint PIJIP/TLS Research Paper Series
In recent years, there has been a growing body of legal regulation of
TDM. Since 2018, Japan, the European Union, Singapore and others have
promoted changes to their copyright law and included specific limitations and
exceptions for TDM. These changes have been slow in the Global South and
the developing world, even though they are urgently needed there. This report
aims to present the Brazilian copyright legal framework and the policy
documents related to Intellectual Property, Artificial Intelligence and
innovation influencing political and public debate. This set of policies and
legislative texts provides the grounds for the discussion on the …
Demand-Side Disarmament: Or How I Learned To Deter The Bomb, 2024 Georgetown Law
Demand-Side Disarmament: Or How I Learned To Deter The Bomb, James J. Bernstein
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Briefing Note: 45th Meeting Of The Wipo Standing Committee On Copyright And Related Rights, 2024 American University Washington College of Law
Briefing Note: 45th Meeting Of The Wipo Standing Committee On Copyright And Related Rights, Sean Flynn
Joint PIJIP/TLS Research Paper Series
This analysis provides a historical and legal overview of the principle agenda items to be discussed at the 45th meeting of the Standing Committee on Copyright and Related Rights.
The Teetotalling Winebibber: A Case Study For The International Sale Of Goods, 2024 Stephen F. Austin State University
The Teetotalling Winebibber: A Case Study For The International Sale Of Goods, Stephen M. Shrewsbury
Pace International Law Review
Case studies are very effective pedagogical tools available to business and legal educators. Hypothetical fact patterns provide instructors an additional advantage of being able to modify facts to target particular learning goals for students. This article presents a substantial case study and teaching notes for a hypothetical international sale of goods transaction. The facts presented will necessitate student research and examination of a wide range of legal issues related to contract negotiation and interpretation, shipping and related difficulties that might arise during contract execution, and issues related to disputes over the quality of goods. Questions in the study require students …
Drawing The Line Of Scrimmage: Global Perspective Of Daily Fantasy Sports In The Advertising Space, 2024 Penn State Law
Drawing The Line Of Scrimmage: Global Perspective Of Daily Fantasy Sports In The Advertising Space, Michael Sekich
Penn State Journal of Law & International Affairs
No abstract provided.
Budding Solutions: Weeding Out Obstacles To Bankruptcy Protections For Marijuana Ventures, 2024 Penn State Law
Budding Solutions: Weeding Out Obstacles To Bankruptcy Protections For Marijuana Ventures, Jessica Lowen
Penn State Journal of Law & International Affairs
No abstract provided.
Environmental, Social, And Governance (Esg) Reporting: Attempting To Bridge The Gap On Reporting Standards And The Need For Uniform Standards, 2024 Penn State Law
Environmental, Social, And Governance (Esg) Reporting: Attempting To Bridge The Gap On Reporting Standards And The Need For Uniform Standards, Emilee Kula
Penn State Journal of Law & International Affairs
No abstract provided.
Data Privacy And China's “Super App” Wechat, 2024 Penn State Law
Data Privacy And China's “Super App” Wechat, Wan Li
Penn State Journal of Law & International Affairs
No abstract provided.