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2,540 full-text articles. Page 1 of 55.

A Material World: Using Trademark Law To Override Copyright's First Sale Rule For Imported Copies, Mary LaFrance 2015 William S. Boyd School of Law, UNLV

A Material World: Using Trademark Law To Override Copyright's First Sale Rule For Imported Copies, Mary Lafrance

Michigan Telecommunications and Technology Law Review

When the Supreme Court held that the first sale rule of copyright law permits the unauthorized importation and domestic sale of lawfully made copies of copyrighted works, regardless of where those copies were made, copyright owners lost much of their ability to engage in territorial price discrimination. Publishers, film and record producers, and software and videogame makers could no longer use copyright law to prevent the importation and domestic resale of gray market copies, and therefore could no longer protect their domestic distributors against competition from cheaper imported copies. However, many of these copyright owners can take advantage of a ...


District Courts Versus The Usitc: Considering Exclusionary Relief For F/Rand-Encumbered Standard-Essential Patents, Helen H. Ji 2015 University of Michigan

District Courts Versus The Usitc: Considering Exclusionary Relief For F/Rand-Encumbered Standard-Essential Patents, Helen H. Ji

Michigan Telecommunications and Technology Law Review

Technological standards allow manufacturers and consumers to rely upon these agreed-upon basic systems to facilitate sales and further invention. However, where these standards involved patented technology, the process of standard-setting raises many concerns at the intersection of antitrust and patent law. As patent holders advocate for their patents to become part of technological standards, how should courts police this activity to prevent patent holdup and other anti-competitive practices? This Note explores the differing approaches to remedies employed by the United States International Trade Commission and the United States District Courts where standard-essential patents are infringed. This Note further proposes that ...


Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont 2015 Tulane University of Louisiana

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.


Deliberative Engagement Within The World Trade Organization: A Functional Substitute For Authoritative Interpretations, Cosette D. Creamer, Zuzann Godzimirska 2015 Harvard University

Deliberative Engagement Within The World Trade Organization: A Functional Substitute For Authoritative Interpretations, Cosette D. Creamer, Zuzann Godzimirska

Cosette D Creamer

The transition from the General Agreement on Tariffs and Trade dispute settlement proceedings to the Dispute Settlement Mechanism (DSM) of the World Trade Organization represented a notable instance of judicialization within international economic governance, in that it significantly increased the independence of the DSM from direct government control. Since they began ruling on trade conflicts in 1995, the WTO’s adjudicative bodies have enjoyed a greater degree of interpretive autonomy than initially intended by states parties. This development largely stems from deadlock within the political organs of the Organization resulting in non-use of one of the primary means of legislative ...


Ersatz Normativity Or Public Law In Global Governance: The Hard Case Of International Prescriptions For National Infrastructure Regulation, Megan Donaldson, Benedict Kingsbury 2015 NYU School of Law

Ersatz Normativity Or Public Law In Global Governance: The Hard Case Of International Prescriptions For National Infrastructure Regulation, Megan Donaldson, Benedict Kingsbury

New York University Public Law and Legal Theory Working Papers

Taking global prescriptions for national infrastructure regulation as a case study, this Article examines the nature and implications of the mingling of law, governance, and economics that is increasingly prevalent in global regulatory governance. It focuses on three sets of formally non-binding but influential instruments issued in the 2000s by the World Bank, the OECD, and UNCITRAL, each of which promotes far-reaching reforms to existing public law and institutions. The Article excavates these instruments' unarticulated theories of the state and its roles, and their visions of the nature and preferred features of law. It explores the use by these instruments ...


Trade Promotional Authority: Evaluating The Necessity Of Congressional Oversight And Accountability, Margaret M. Kim 2015 American University Washington College of Law

Trade Promotional Authority: Evaluating The Necessity Of Congressional Oversight And Accountability, Margaret M. Kim

Margaret M. Kim

On April 16, 2015, legislation to reauthorize Trade Promotion Authority (TPA) was introduced as the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (TPA-2015 or the Legislation) in the House and the Senate. TPA, formerly known as the fast-track authority, refers to “[the] authority of the U.S. president to negotiate international agreements that Congress can approve or disapprove, but not amend or filibuster.” TPA was last renewed under the Trade Act of 2002 during the George W. Bush Administration. Until it expired on July 1, 2007, eleven Free Trade Agreements (FTAs) were implemented under the supervision of President ...


European Economic Communities - European Court Of Justice - Convention On Jurisdiction And The Enforcement Of Judgments In Civil And Commercial Matters - Court Independently Defines Phrase "Sale On Installment Credit Terms" To Limit Jurisdictional Advantage To Private Final Consumers, Elizabeth Grant Kline 2015 University of Georgia School of Law

European Economic Communities - European Court Of Justice - Convention On Jurisdiction And The Enforcement Of Judgments In Civil And Commercial Matters - Court Independently Defines Phrase "Sale On Installment Credit Terms" To Limit Jurisdictional Advantage To Private Final Consumers, Elizabeth Grant Kline

Georgia Journal of International & Comparative Law

No abstract provided.


State Monopolies Of A Commercial Character (Article 37 Of The Eec Treaty) And Their Importance In Connection With Portugal's Accession To The European Communities, Maria I. Jalles 2015 Lisbon University Law

State Monopolies Of A Commercial Character (Article 37 Of The Eec Treaty) And Their Importance In Connection With Portugal's Accession To The European Communities, Maria I. Jalles

Georgia Journal of International & Comparative Law

No abstract provided.


The Development Of Foreign Investment Law In Egypt And Its Effect On Private Foreign Investment, George E. Bushnell III 2015 Emory University School of Law

The Development Of Foreign Investment Law In Egypt And Its Effect On Private Foreign Investment, George E. Bushnell Iii

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Investment In The People's Republic Of China: Compensation Trade, Joint Ventures, Industrial Property Protection And Dispute Settlement, Kevin K. Maher 2015 University of Georgia School of Law

Foreign Investment In The People's Republic Of China: Compensation Trade, Joint Ventures, Industrial Property Protection And Dispute Settlement, Kevin K. Maher

Georgia Journal of International & Comparative Law

No abstract provided.


Administration Of Import Trade Statutes: Possibilities For Harmonizing The Investigative Techniques And Standards Of The International Trade Commission, Edward R. Easton 2015 Office of the General Counsel, U.S. International Trade Commission

Administration Of Import Trade Statutes: Possibilities For Harmonizing The Investigative Techniques And Standards Of The International Trade Commission, Edward R. Easton

Georgia Journal of International & Comparative Law

No abstract provided.


Preclusion Of Remedies Under Article 16(3) Of The Uncitral Model Law, Nata Ghibradze 2015 Pace University

Preclusion Of Remedies Under Article 16(3) Of The Uncitral Model Law, Nata Ghibradze

Pace International Law Review

In search of actual consequences of (mis)use of the available remedies, Chapter II of the foregoing article starts by exploring whether the Model Law implies “choice of remedies” policy by examining its travaux préparatoires (hereinafter “travaux”). It also seeks to determine existence of “alternative system of defences” at cross-border level between remedies at the seat of arbitration and in the enforcement country. Chapter III engages in a determination of general framework of preclusions under the Model Law by analyzing specific provisions such as Article 4, 13 and 16(2).

Chapter IV, by analyzing the travaux, determines the primary purpose ...


Contractual Excuse Under The Cisg: Impediment, Hardship, And The Excuse Doctrines, Larry A. DiMatteo 2015 Warrington College of Business Administration

Contractual Excuse Under The Cisg: Impediment, Hardship, And The Excuse Doctrines, Larry A. Dimatteo

Pace International Law Review

This article will examine the law of excuse as espoused in the Convention on Contracts for the International Sale of Goods (CISG). It will examine the relevant case law applying the doctrine of impediment found in CISG Article 79. The question posed in this analysis is whether the word “impediment” relates only to the occurrences of force majeure, impossibility and frustration of purpose events or if it also includes changed circumstances, impracticability and hardship events. For purposes of simplicity, the first set of excuse or exemption doctrines will be analyzed under the heading of “impossibility” and the second set will ...


The Conformity Of The Goods To The Contract In International Sales, Villy de Luca 2015 Maastricht University, European Private Law Institute

The Conformity Of The Goods To The Contract In International Sales, Villy De Luca

Pace International Law Review

The present article aims to provide a general overview on the issue of conformity of the goods to the contract as regulated by Article 35 of the Convention on Contracts for the International Sales of Goods (“CISG”).

The analysis will focus on Article 35 CISG and, after having retraced the history that led to the current formulation of the provision, will concentrate on the implications following the adoption of a “unitary” notion of conformity. The evaluation will proceed focusing on the single express and implied conformity obligations covered, respectively, in the first and second paragraphs of Article 35 CISG.

The ...


Is The Albert H Kritzer Database Telling Us More Than We Know?, Thomas Neumann 2015 Aarhus University, School of Business and Social Sciences

Is The Albert H Kritzer Database Telling Us More Than We Know?, Thomas Neumann

Pace International Law Review

This article is the first in a series of articles attempting to provide a geographical and temporal overview of the application practice of the United Nations Convention on Contracts for the International Sale of Goods (CISG). In this first article, the success of CISG is explored. The article develops the idea of using the Albert H. Kritzer Database to achieve an overview of the success of the Convention in practice. It is argued that the success of the Convention is useful to measure by its uniformity in practice, and therefore a set of criteria relating to the Convention’s application ...


Transportation, Cooperation And Harmonization: Gats As A Gateway To Integrating The Un Seaborne Cargo Regimes Into The Wto, Lijun Zhao 2015 Middlesex University (U.K.)

Transportation, Cooperation And Harmonization: Gats As A Gateway To Integrating The Un Seaborne Cargo Regimes Into The Wto, Lijun Zhao

Pace International Law Review

This paper seeks to analyze how the World Trade Organization (WTO) may cooperate with the United Nations (UN) to unify sea-borne cargo regimes. Beginning with the current dilemma of uni-form maritime transport regime, the paper explores the relation-ship between the UN and the WTO. In light of the successful precedent of the incorporation of the UN intellectual property re-gime into the WTO, this paper probes into the feasibility that the UN and the WTO may interactively unify a maritime transport regime by reference to selected previous treaties, which include UN-administrated treaties. This paper argues the WTO-based sea transport negotiations do ...


Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont 2015 Tulane University of Louisiana

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.


Enforcement Of Forum Selection Agreements In Contracts Between Unequal Parties, Cindy Noles 2015 University of Georgia School of Law

Enforcement Of Forum Selection Agreements In Contracts Between Unequal Parties, Cindy Noles

Georgia Journal of International & Comparative Law

No abstract provided.


The Recognition And Enforcement Of Foreign Country Judgments And Arbitral Awards: A North-South Perspective, Michael Quilling 2015 University of Georgia School of Law

The Recognition And Enforcement Of Foreign Country Judgments And Arbitral Awards: A North-South Perspective, Michael Quilling

Georgia Journal of International & Comparative Law

No abstract provided.


The Choice Of Law Clause In Contracts Between Parties Of Developing And Developed Nations, Alice M. Vickers 2015 University of Georgia School of Law

The Choice Of Law Clause In Contracts Between Parties Of Developing And Developed Nations, Alice M. Vickers

Georgia Journal of International & Comparative Law

No abstract provided.


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