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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 ...


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.


The Export Administration Act's Technical Data Regulations: Do They Violate The First Amendment?, Kenneth Kalivoda 2015 University of Georgia School of Law

The Export Administration Act's Technical Data Regulations: Do They Violate The First Amendment?, Kenneth Kalivoda

Georgia Journal of International & Comparative Law

No abstract provided.


Host Country Taxation Of Transfer Of Technology Transactions, Guillermo Cabanellas, Luis Bertone 2015 University of Buenos Aries

Host Country Taxation Of Transfer Of Technology Transactions, Guillermo Cabanellas, Luis Bertone

Georgia Journal of International & Comparative Law

No abstract provided.


Amending Wto Rules To Alleviate Constraints On Renewable Energy Subsidies, Rick A. Waltman 2015 University of San Diego

Amending Wto Rules To Alleviate Constraints On Renewable Energy Subsidies, Rick A. Waltman

Rick A. Waltman

The rate of renewable energy adoption will largely determine the success of climate change mitigation efforts. Subsidies for the renewable energy industry, currently far outweighed by fossil fuel subsidies, will be necessary to establish greater adoption of renewable energy technologies. Because WTO rules impose constraints on subsidies based on ideals of international market freedom above all else, potential for nations to develop their domestic renewable energy industries is severely limited. This article proposes some possible amendments to the GATT, the SCM Agreement, and the TRIMs Agreement that Members might consider in future trade negotiations.


The Cape Town Convention’S Improbable-But-Possible Progeny Part Two: Bilateral Investment Treaty-Like Enforcement Mechanism, Charles W. Mooney Jr. 2015 University of Pennsylvania Law School

The Cape Town Convention’S Improbable-But-Possible Progeny Part Two: Bilateral Investment Treaty-Like Enforcement Mechanism, Charles W. Mooney Jr.

Faculty Scholarship

This Essay is Part Two of a two-part essay series that outlines and evaluates two possible future international instruments. Each instrument draws substantial inspiration from the Cape Town Convention and its Aircraft Protocol (together, the “Convention”). The Convention governs the secured financing and leasing of large commercial aircraft, aircraft engines, and helicopters. It entered into force in 2006. It has been adopted by sixty-six Contracting States (fifty-eight of which have adopted the Aircraft Protocol), including the U.S., China, the E.U., India, Ireland, Luxembourg, Russia, and South Africa.

This Part of the Essay explores whether an investor-state dispute settlement ...


A Supplementary Submission On The Commonwealth's Treaty-Making Process, Matthew Rimmer 2015 Australian National University College of Law

A Supplementary Submission On The Commonwealth's Treaty-Making Process, Matthew Rimmer

Matthew Rimmer

This supplementary submission highlights two new developments, which have arisen since the initial submission. First, it considers the publication of the draft Investment Chapter of the Trans-Pacific Partnership (TPP) by WikiLeaks. Second, it looks at the introduction of the fast-track trade promotion authority bill, the Bipartisan Congressional Priorities and Accountability Act of 2015, into the United States Congress. The two topics have been inter-linked to a certain extent.


The World’S Laboratory: China’S Patent Boom, It Standards And The Implications For The Global Knowledge, Christopher McElwain, Dennis Fernandez 2015 Monterey College of Law

The World’S Laboratory: China’S Patent Boom, It Standards And The Implications For The Global Knowledge, Christopher Mcelwain, Dennis Fernandez

Christopher McElwain

Just as China’s factories disrupted the economics of IT hardware, its research labs have the potential to disrupt the economics of the technology itself. In 2014, China’s patent office received nearly 2.4 million patent applications, 93% from domestic applicants. China has also climbed to third place in terms of international applications, with over 21,000 WIPO PCT applications. Meanwhile, China has taken an assertive role in setting technology standards, both at the national and international levels. In the past, this has included developing and promoting alternatives to important IT standards as a means of challenging perceived monopolies ...


Book Review: Anti-Dumping Law In A Liberal Trade Order. Richard Dale. New York: St. Martin's Press, 1980., Edward R. Easton 2015 U.S. International Trade Commission

Book Review: Anti-Dumping Law In A Liberal Trade Order. Richard Dale. New York: St. Martin's Press, 1980., Edward R. Easton

Georgia Journal of International & Comparative Law

No abstract provided.


Decentralization Of China's Foreign Trade Structures, Sally L. Ellis 2015 Office of the Assistant General Counsel for International Trade

Decentralization Of China's Foreign Trade Structures, Sally L. Ellis

Georgia Journal of International & Comparative Law

No abstract provided.


The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz 2015 United States Senate Sub-Committee on Immigration

The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz

Georgia Journal of International & Comparative Law

No abstract provided.


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