The Global Protection Of Traditional Knowledge: Searching For The Minimum Consensus, 17 J. Marshall Rev. Intell. Prop. L. 42 (2017), Aman Gebru
The John Marshall Review of Intellectual Property Law
The protection of traditional knowledge (TK) – the know-how, skills, innovations and practices of indigenous peoples and local communities has been a subject of heated debate in many international forums. TK has proved to be useful as an input in modern industries. For instance, pharmaceutical companies have used medicinal TK to develop drugs more quickly. Despite its value, TK faces an alarming rate of loss and there are many initiatives that attempt to preserve it for posterity. However, almost every major issue on TK protection is contentious, including whether international TK protection is necessary or if domestic legislation alone would suffice ...
Bilateral Investment Treaties And Domestic Institutional Reform, 2017 University of Maine School of Law
Bilateral Investment Treaties And Domestic Institutional Reform, Richard C. Chen
The bilateral investment treaties (BITs) signed between developed and developing countries are supposed to increase the flow of investment from the former to the latter. But the evidence indicates that the existing approach of guaranteeing special protections for foreign investors has only a modest impact on luring their dollars. At the same time they are failing to produce meaningful benefits, these treaty commitments create substantial costs for the host states that make them, exposing them to liability and constraining their regulatory authority. Given this state of imbalance, the time seems ripe for a new approach, but existing proposals for revising ...
Much Ado About The Tpp's Effect On Pharmaceuticals, 2017 University of Maine School of Law
Much Ado About The Tpp's Effect On Pharmaceuticals, Emily M. Morris
The Trans-Pacific Partnership Agreement’s many provisions that were beneficial to the pharmaceutical industry have caused a good deal of controversy. Specifically, critics allege that the TPP’s provisions requiring that member states expand patentable subject matter, adjust pharmaceutical patent terms, and link regulatory marketing approval to a drug's patent status would have raised drug prices and hindered access to medicines, particularly in developing countries. Closer examination of these provisions as well as the various ways in which member states can modify or ameliorate the effects of these provisions suggests that their potential effect on drug prices and access ...
The India Patent System: A Decade In Review, 2017 Mitchell Hamline School of Law
The India Patent System: A Decade In Review, Vindhya S. Mani, Divyanshu Srivastava, Mukundan Chakrapani, Jay Erstling
No abstract provided.
Transcript From 2017 Mitchell Hamline Trade Secret Conference, Cybaris Scholar Symposium, 2017 Mitchell Hamline School of Law
Transcript From 2017 Mitchell Hamline Trade Secret Conference, Cybaris Scholar Symposium, Cybaris Staff, Sharon Sandeen
Transcript of a panel discussion on trade secret law held April 21, 2017 at Mitchell Hamline School of Law in St. Paul, Minnesota.
Panelists: Rochelle Dreyfuss, Christoph Rademacher, Susy Frankel, and Nari Lee.
Moderator: Sharon Sandeen.
How South Korea's Improper Solicitation And Graft Act (Kim Young-Ran Act) Can Help Protect Us Trade Secrets, 2017 Mitchell Hamline School of Law
How South Korea's Improper Solicitation And Graft Act (Kim Young-Ran Act) Can Help Protect Us Trade Secrets, Lana Rask
No abstract provided.
Cybersecurity In The Marine Transportation Sector: Protecting Intellectual Property To Keep Our Ports, Facilities, And Vessels Safe From Cyber Threats, Rachel Foote
No abstract provided.
The Investment-Related Aspects Of Intellectual Property Rights, 2017 American University Washington College of Law
The Investment-Related Aspects Of Intellectual Property Rights, Peter K. Yu
American University Law Review
No abstract provided.
Abductive Reasoning In Wto Law, 2017 University of Western Ontario
Abductive Reasoning In Wto Law, Chios Carmody
Law is about many things, but at base it is about rights and obligations. That jural correlation is established and sustained by means of reasoning. We hold that an actor has a right or obligation by virtue of reasoning that classically occurs in one of two forms. An obligation creates a right by means of inductive logic that rests on the conviction of similar instances in the past and the need for proof. It can also create an obligation by means of deductive logic, that is, the process of reasoning from one or more statements (premises) that are used to ...
The Road Not Taken: A Comparison Of The E.U. And U.S. Insider Trading Prohibitions, 2017 Pacific McGeorge School of Law
The Road Not Taken: A Comparison Of The E.U. And U.S. Insider Trading Prohibitions, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
This essay, written for a symposium on insider trading in the Washington University Journal of Law and Policy, explores the different paths taken by the United States and the European Union with respect to who is subject to the prohibition on insider trading. After providing an overview of the difference between the U.S. and the E.U. prohibition, the essay explores the different outcomes that would occur under U.S. versus E.U. law in several high profile insider trading cases of recent years. The essay also addresses the jurisdictional reach of each regime’s prohibition and considers the ...
The Investment Protection Chapter Of The Eu-Singapore Free Trade Agreement: A Model For The Post-Brexit Uk Iias, 2017 Singapore Management University
The Investment Protection Chapter Of The Eu-Singapore Free Trade Agreement: A Model For The Post-Brexit Uk Iias, Siraj Shaik Aziz
Research Collection School Of Law
The impending British exit (Brexit) from the European Union has placed the UK's investment policy at a crossroads. A post-Brexit UK will now have to reorganise its investment relationships with its economic partners through bespoke UK IIAs. This exercise will have to accommodate the shifting Zeitgeist concerning the balance of investors' rights and the right to regulate IIAs that is expected. This paper examines the continued relevance of the recently minted Investment Protection Chapter in the EU-Singapore Free Trade Agreement, acknowledged by Britain's power brokers, as a persuasive model for the UK to emulate for this purpose. This ...
Restoring Pre-Existing Compliance Through The Fcpa Pilot Program, 2017 University of Richmond
Restoring Pre-Existing Compliance Through The Fcpa Pilot Program, Andrew B. Spalding
Law Faculty Publications
For a quarter-century, incentives to invest in corporate compliance programs have been a cornerstone of federal white-collar enforcement. But the U.S. Department of Justice's most recent announcement of anti-bribery enforcement policy-the FCPA Pilot Program-takes a peculiar and possibly inadvertent turn. In providing newly transparent and explicit penalty reductions, and rolling out the Department's declination policy, the program neglects to incentivize investments in pre-existing compliance. Though remedial, or postviolation, compliance receives a newly heightened importance, pre-existing compliance receives virtually no attention. This is strange, but should not be understood as a new policy change on the benefits of ...
Our Oceans Need Sharks: A Comparative Analysis Of Shark And Turtle Conservation Law In Australia And The United States, Gabrielle Stiff Heim
Law Student Publications
The model used for turtle conservation and recovery would be an accurate model for conserving and recovering the endangered shark species, as well. As sharks are crucial to the marine environment, action needs to be taken in the form of policies that parallel those that protect turtles. Specifically, the models of protection for turtles in both Australia and the United States can serve as examples for shark conservation and recovery policies. As sharks are migratory species like turtles, international efforts and treaties are also crucial to providing boundaries and regulations for sharks in the global arena. The future of sharks ...
To Consider Or To Use? Citation To Foreign Authority And Legal Aesthetics, 2017 Georgetown University Law Center
To Consider Or To Use? Citation To Foreign Authority And Legal Aesthetics, Andrew J. Kerr
Washington University Law Review
In this essay I consider what it means to consider something. More directly, I consider how a judge might distinguish a source used for inspiration from a source used as legal authority. I wonder if Justice Sotomayor posits this line-drawing problem as a koan to would-be clerks. To my limited ken, the epistemological limits of the English language make it impossible to separate these concepts with precision. I argue that we should instead lobby Bluebook editors to create a new signal that can capture a heuristic of citing something for edifying or contextual value. This is not a purely pedantic ...
President Trump, Trade Policy, And American Grand Strategy: From Common Advantage To Collective Carnage, 2017 Indiana University Maurer School of Law
President Trump, Trade Policy, And American Grand Strategy: From Common Advantage To Collective Carnage, David P. Fidler
Articles by Maurer Faculty
As a candidate for president of the United States, Donald J. Trump promised to abandon longstanding U.S. approaches to trade and pursue strategies anchored in protectionism and nationalism. This article examines President Trump’s trade policy ideas and proposals and highlights the extent to which he intends to disrupt traditions of U.S. policymaking on trade. The article also analyzes whether domestic and international politics might shift the Trump administration away from a radical approach back towards trade policies that approximate how the United States has managed trade for decades. If such a shift does not occur, the Trump ...
Transparency And Disclosure, 2017 Boston College Law School
Transparency And Disclosure, Diane Ring
Boston College Law School Faculty Papers
Without a stable and adequate tax base, countries lose the financial capacity to provide the infrastructure, social services and development opportunities important to their citizens. In response, the G20 and the Organisation for Economic Co-operation and Development (OECD) organized the project on Base Erosion and Profit Shifting (BEPS). Much of the project has been focused on substantive law — the rules and practices that can allow the tax base of a country to be eroded and profits to be shifted out of the country. But the project recognizes that improved substantive tax rules alone are not sufficient to guarantee the tax ...
Geographical Indications Between Trade, Development, Culture, And Marketing: Framing A Fair(Er) System Of Protection In The Global Economy?, 2017 Texas A&M University School of Law
Geographical Indications Between Trade, Development, Culture, And Marketing: Framing A Fair(Er) System Of Protection In The Global Economy?, Irene Calboli
This chapter analyzes some of the topics on the current debate involving geographical indications (GIs) of origin that will be further elaborated by the contributors to this volume from a variety of perspectives and angles. As the title indicates, this volume focuses on GI protection “at the crossroads of trade, development, and culture,” with a specific focus on the countries in the Asia-Pacific region. This choice is due primarily to the fact that the analysis of issues related to GI protection in this region is, to date, not as extensive as the analysis in other regions, particularly in the Western ...
Us-Cool Retaliation: The Wto’S Article 22.6 Arbitration, 2017 Duke Law School
Us-Cool Retaliation: The Wto’S Article 22.6 Arbitration, Chad P. Bown, Rachel Brewster
This paper examines the World Trade Organization’s Article 22.6 arbitration report on the dispute over the United States’ country of origin labeling (US–COOL) regulation for meat products. At prior phases of the legal process, a WTO Panel and the Appellate Body had sided with Canada and Mexico by finding that the US regulation had negatively affected their exports of livestock – cattle and hogs – to the US market. The arbitrators authorized Canada and Mexico to retaliate by over $1 billion against US exports – the second largest authorized retaliation on record and only the twelfth WTO dispute to reach ...
The Future Of Sps Governance: Sps-Plus Or Sps-Minus?, 2016 University of Warwick
The Future Of Sps Governance: Sps-Plus Or Sps-Minus?, Markus Wagner
Back To The Future: The Digital Millennium Copyright Act And The Trans-Pacific Partnership, 2016 Queensland University of Technology