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Protecting The Mickey Mouse Ears: Moving Beyond Traditional Campaign-Style Enforcement Of Intellectual Property Rights In China, Adela Hurtado 2018 Fordham Law School

Protecting The Mickey Mouse Ears: Moving Beyond Traditional Campaign-Style Enforcement Of Intellectual Property Rights In China, Adela Hurtado

Fordham Intellectual Property, Media and Entertainment Law Journal

Multinational corporations often struggle to protect their intellectual property rights in China. The Walt Disney Company, which has a long relationship with China, knows this all too well. In fact, counterfeit Mickey Mouse ears—along with numerous other Disney character goods—are now sold in plain sight at the new Shanghai Disneyland Resort. In an attempt to combat counterfeiting, companies such as Disney rely on a traditional method of enforcement of intellectual property rights: government campaigns. Campaigns are short periods of time during which multiple raids and government enforcement actions occur to crack down on counterfeiting. The irony of Disney ...


The Blurring Of The Public/Private Distinction Or The Collapse Of A Category? The Story Of Investment Arbitration, Guillermo J. Garcia Sanchez 2018 Texas A&M University School of Law

The Blurring Of The Public/Private Distinction Or The Collapse Of A Category? The Story Of Investment Arbitration, Guillermo J. Garcia Sanchez

Faculty Scholarship

The paper is a response piece to Deborah Hensler and Damira Khatam’s new article, Re-inventing Arbitration: How Expanding the Scope of Arbitration Is Re-Shaping Its Form and Blurring the Line Between Private and Public Adjudication. Their main argument regarding the public-private distinction is that the arbitral procedure has changed as a consequence of the substantive issues resolved in this particular ADR system. According to them the arbitral system, which was originally conceived for commercial purposes, has become another way of litigating public law, but without the accountability mechanisms attached to public courts. In this paper, I agree in large ...


Regulatory Cooperation In International Trade And Its Transformative Effects On Executive Power, Elizabeth Trujillo 2018 Texas A&M University School of Law

Regulatory Cooperation In International Trade And Its Transformative Effects On Executive Power, Elizabeth Trujillo

Faculty Scholarship

As international trade receives the brunt of local discontent with globalization trends and recent changes by the Trump administration have put into question the viability of such trade arrangements moving forward, there has been a clear trend in using international trade fora for managing regulatory barriers on economic development. This paper will discuss this recent trend in international trade toward increased regulatory cooperation through the creation of formalized transnational regulatory bodies, such as the U.S.-EU Regulatory Cooperation Body that was being discussed in the TTIP negotiations and comparable ones in the Canadian-EU Trade Agreement as well as U ...


User Participation In Value Creation, Itai Grinberg 2018 Georgetown University Law Center

User Participation In Value Creation, Itai Grinberg

Georgetown Law Faculty Publications and Other Works

This article examines HM Treasury’s proposal to account for the active participation of users in value creation in certain digital platforms. The first key question is whether there is any reason to believe, as HM Treasury suggests, that users only meaningfully or actively contribute to value creation in the context of certain digital platforms. The article accordingly explores the factors HM Treasury sets out for the attribution of income to active user participation, including features such as network effects, multisided business models, and a lack of physical presence in the jurisdiction of the user. It concludes that if a ...


International Contracts, William P. Johnson 2018 Saint Louis University School of Law

International Contracts, William P. Johnson

All Faculty Scholarship

Since at least the days of lex mercatoria, merchants in different jurisdictions have had to navigate the distinctive issues and risks that are present when entering into contractual arrangements or undertaking obligations across borders or in foreign lands. And, as the village marketplace of old has become a global marketplace, international contracts have become ubiquitous. Today, issues that frequently arise in international contracts are not limited to merchants or business transactions, but instead cut across practice area and across jurisdiction. This article identifies some of the key developments for international contracts that occurred in 2017 in a variety of jurisdictions ...


Temporary Restraining Orders To Enforce Intellectual Property Rights At Trade Shows: An Empirical Study, Marketa Trimble 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Temporary Restraining Orders To Enforce Intellectual Property Rights At Trade Shows: An Empirical Study, Marketa Trimble

Scholarly Works

Infringements of intellectual property (IP) rights by exhibitors at trade shows (also called trade fairs or exhibitions), such as infringements committed through exhibitions of or offers to sell infringing products, can be extremely damaging to IP right owners because of the wide exposure that trade shows provide for infringing IP; the promotion of the infringing IP and the contacts made by infringers at trade shows can facilitate further infringements after a trade show that can be very difficult for IP right owners to prevent. IP right owners therefore seek to obtain emergency injunctive relief to stop trade show infringements immediately ...


China’S Rise: How It Took On The U.S. At The Wto, Greg SHAFFER, Henry S. GAO 2018 Singapore Management University

China’S Rise: How It Took On The U.S. At The Wto, Greg Shaffer, Henry S. Gao

Research Collection School Of Law

This Article builds from original fieldwork to show what lies behind China’s remarkably successful use of international trade law to take on the United States and Europe. The World Trade Organization (“WTO”) is unique in China’s international relations as it is the only forum where China, with its anti-legalist traditions, has resolved its disputes through law and the use of third-party dispute settlement. After China acceded to the WTO in 2001, it invested massively in building trade law capacity to transform itself and defend itself externally. Through these investments and its increased market power, China became a serious ...


The Regulation Of Digital Trade In The Tpp: New Trade Rules For The Digital Age, Henry S. GAO 2018 Singapore Management University

The Regulation Of Digital Trade In The Tpp: New Trade Rules For The Digital Age, Henry S. Gao

Research Collection School Of Law

With the rapid development of the internet, electronic commerce is also gaining importance in international trade. However, the rules governing digital trade is still largely lacking. While WTO Members have been discussing the regulation of electronic commerce since the last century, little progress has been made. Instead, most of the progresses are made in various free trade agreements, especially those sponsored by the United States. This article starts with a review of the efforts to regulate e-commerce in the WTO, as well as what the pre-TPP US FTAs have achieved so far, followed by a critical appraisal of the achievements ...


China’S Rise: How It Took On The U.S. At The Wto, Greg SHAFFER, Henry S. GAO 2018 Singapore Management University

China’S Rise: How It Took On The U.S. At The Wto, Greg Shaffer, Henry S. Gao

Research Collection School Of Law

This Article builds from original fieldwork to show what lies behind China’s remarkably successful use of international trade law to take on the United States and Europe. The World Trade Organization (“WTO”) is unique in China’s international relations as it is the only forum where China, with its anti-legalist traditions, has resolved its disputes through law and the use of third-party dispute settlement. After China acceded to the WTO in 2001, it invested massively in building trade law capacity to transform itself and defend itself externally. Through these investments and its increased market power, China became a serious ...


Special International Zones In Practice And Theory, Tom W. Bell 2017 Selected Works

Special International Zones In Practice And Theory, Tom W. Bell

Tom W. Bell

The French Republic had a problem. Foreign nationals had flown into the Roissy-Charles de Gaulle Airport near Paris and claimed the right to stay as refugees seeking asylum. Unwilling to have the supposed refugees imposed upon it, France resolved to process their claims without letting them into the country. How? By keeping them in the airport’s international transit zone—the area between the exit doors of airplanes arriving from abroad and the far side of customs and immigration clearance. This split border allowed France to summarily process and (typically) deport the foreigners while keeping them outside the country’s ...


Trade Strategies Of The Tpp-11 Countries: Asian Regionalism In Turbulent Times (European Parliament), Pasha L. HSIEH 2017 Singapore Management University

Trade Strategies Of The Tpp-11 Countries: Asian Regionalism In Turbulent Times (European Parliament), Pasha L. Hsieh

Pasha L. Hsieh

No abstract provided.


A Little Known Trade Deal Could Soon Derail America's Booming Solar Industry, Sam Donnenberg 2017 Cuny Graduate School of Journalism

A Little Known Trade Deal Could Soon Derail America's Booming Solar Industry, Sam Donnenberg

Capstones

A trade deal has been winding its way through hearings at the International Trade Commission for months that could have major consequences for America's solar energy industry. Two solar energy companies are requesting that tariffs be applied to Chinese solar product imports. But industry analysts say this will cause the price of solar to rise and harm the industry during a period of unprecedented growth. The petition has only one stop left on its way to approval: The desk of President Trump.

https://www.alanapipe.com/sam-donnenberg/sam-donnenberg-index.html

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Restructuring Intellectual Property Jurisdictions Post-Brexit: Strategic Considerations For The Eu And Britain, Alexandra George 2017 Brooklyn Law School

Restructuring Intellectual Property Jurisdictions Post-Brexit: Strategic Considerations For The Eu And Britain, Alexandra George

Brooklyn Journal of International Law

Britain’s decision to “Brexit” from the European Union has caused great uncertainty and justified concern with respect to intellectual property laws and investments. Post-Brexit arrangements between the European Union and Britain have not yet been determined, and it is unclear whether these will be settled with respect to intellectual property law before Brexit is due to take effect in 2019. With intellectual property intensive industries accounting for 88 percent of EU imports and 90 percent of EU exports, British-EU intellectual property arrangements are the subject of intense interest worldwide as intellectual property owners and users speculate as to the ...


A Destination-Based Cash Flow Tax Can Be Structured To Comply With World Trade Organization Rules, Itai Grinberg 2017 Georgetown University Law Center

A Destination-Based Cash Flow Tax Can Be Structured To Comply With World Trade Organization Rules, Itai Grinberg

Georgetown Law Faculty Publications and Other Works

This paper briefly outlines alternative approaches to enacting a destination-based cash flow tax that are more clearly compatible with the World Trade Organization rules than the approach that has previously been described in the literature. The first structural alternative involves expanding the universe of businesses subject to the tax by clearly defining both the base of the new U.S. business tax and its tax nexus requirement as domestic consumption, and thereafter treating foreign importers and other sellers equivalently, rather than imposing a deduction disallowance or an import tax. The second alternative involves adopting a business activities tax, and then ...


The 2016 Amendments To Singapore’S Consumer Protection (Fair Trading) Act: A Missed Opportunity, Wee Ling LOO, Ee-Ing ONG 2017 Singapore Management University

The 2016 Amendments To Singapore’S Consumer Protection (Fair Trading) Act: A Missed Opportunity, Wee Ling Loo, Ee-Ing Ong

Research Collection School Of Law

Singapore hasrecently amended its Consumer Protection(Fair Trading) Act in response to callsfor tougher action against unscrupulous traders. The revisions were aimed atstrengthening the government’s ability to deter and punish errant traders, witha focus on deterrence. To this end, the government introduced new investigatorypowers, enhanced court powers and added one substantive consumer remedy.Despite this, the authors argue that Singapore’s consumer protection regimeremains inadequate because: unfair practices have yet to attract criminalsanctions; no guidelines were issued to provide transparency and clarity on howthe broad investigatory powers and harsher court powers are to be implemented;no measures to encourage ...


The Rcep: New Asian Regionalism And The Global South, Pasha L. HSIEH 2017 Singapore Management University

The Rcep: New Asian Regionalism And The Global South, Pasha L. Hsieh

Research Collection School Of Law

This article provides an up-to-date examination of the Regional Comprehensive Economic Partnership (RCEP), which is poised to become the world’s largest free trade agreement (FTA). It argues that the 16-country mega-FTA will galvanize the paradigm shift in Asian regionalism and build a normative foundation for the Global South in international economic law. Based on intertwined theoretical and substantive claims, this article opens an inquiry into the assertive legalism of developing nations in the new regional economic order. By analyzing the converging policies of the Association of Southeast Asian Nations (ASEAN), China and India, the article first demonstrates the status ...


The Trans-Pacific Partnership: New Paradigm Or Wolf In Sheep’S Clothing? , Meredith Kolsky Lewis 2017 Selected Works

The Trans-Pacific Partnership: New Paradigm Or Wolf In Sheep’S Clothing? , Meredith Kolsky Lewis

Meredith Kolsky Lewis

The Office of the United States Trade Representative (USTR) is currently negotiating with seven other countries to form a new trade agreement called the Trans-Pacific Partnership (TPP). The TPP has the potential to expand into a Free Trade Agreement of the Asia-Pacific (FTAAP). At present there are several competing models for Asia-Pacific economic integration that exclude the United States entirely. In such an environment, the TPP presents the United States with a welcome opportunity, not only to participate, but also to take a leadership role in establishing the terms for a region-wide agreement. Nevertheless, the USTR must make the TPP ...


Developing Key Performance Indicators For Imo Member States In The Context Of Imo Member State Audit Scheme, Sang Ho Kim 2017 World Maritime University

Developing Key Performance Indicators For Imo Member States In The Context Of Imo Member State Audit Scheme, Sang Ho Kim

World Maritime University Dissertations

No abstract provided.


A Critical Evaluation Of How Free Trade Zones And Maritime Activities Impact On Port Development: A Case Study Of The Port Of Kingston, Nicolas Kareem Spence 2017 World Maritime University

A Critical Evaluation Of How Free Trade Zones And Maritime Activities Impact On Port Development: A Case Study Of The Port Of Kingston, Nicolas Kareem Spence

World Maritime University Dissertations

No abstract provided.


Brexit And The Wto: What Happens Next, Andrea Xu 2017 University of Michigan Law School

Brexit And The Wto: What Happens Next, Andrea Xu

Michigan Journal of Environmental & Administrative Law

In the summer of 2016, the United Kingdom (the “UK”) announced its decision to leave the European Union (the “EU”). This decision, more commonly known as “Brexit,” subsequently stirred British politics, which included Theresa May replacing David Cameron as Prime Minister. Brexit created a unique situation in European and global politics, and instigated a discussion among politicians, academics, economists, and the likes about how the UK will leave the EU and Brexit’s implications in the UK, Europe, and the world as a whole.

This Note analyzes one specific aspect of Brexit: the administrative procedures the UK must undergo to ...


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