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The Intricate Relationship Between Intellectual Property Exhaustion And Free Movement Of Goods In Regional Organizations: Comparing The Eu/Eea, Nafta, And Asean, Irene Calboli
Faculty Scholarship
This article explores the relationship between national rules on the exhaustion of intellectual property (IP) rights and cross-border trade within regional organizations. In particular, this article compares three distinct approaches adopted by: the European Union (EU); the North American Free Trade Area (NAFTA); and the Association of South East Asian Nations (ASEAN). Based on this comparison, this article concludes that in order to effectively promote the free movement of goods, members of regional organizations need to consistently adopt national policies on IP exhaustion that support, at least, a system of regional exhaustion such as currently found in the EU. However, …
The Andean Tribunal Of Justice And Its Interlocutors: Understanding Preliminary Reference Patterns In The Andean Community, Laurence R. Helfer, Karen J. Alter
The Andean Tribunal Of Justice And Its Interlocutors: Understanding Preliminary Reference Patterns In The Andean Community, Laurence R. Helfer, Karen J. Alter
Faculty Scholarship
In the European Union, national courts have been key intermediaries in helping to bolster and expand the authority of the European Court of Justice through its preliminary reference mechanism. This article analyzes the role of national judges in the Andean Community, a regional legal system whose judicial institution - the Andean Tribunal of Justice (ATJ) - was modeled directly on its European predecessor. Our analysis is based on an original coding of every publically available national court referral to the ATJ from 1987 to 2007 and interviews with over forty participants in the Andean legal system. We find that the …
Commentary On Economic And Ethical Reasons For Protecting Data, Wendy J. Gordon
Commentary On Economic And Ethical Reasons For Protecting Data, Wendy J. Gordon
Faculty Scholarship
Like Jane Ginsburg, I would like to drop back a bit, to talk about more general principles. Essentially, both of our primary speakers focused on a distinction between property and non-property modes of protecting data. I would like to highlight the economic and ethical reasons for maintaining that distinction.
International Copyright: An Unorthodox Analysis American Association Of Law Schools' Intellectual Property Section's Symposium On Compliance With The Trips Agreement, Hugh C. Hansen
Faculty Scholarship
Professor Hansen reviews the development of copyright from its traditional domestic orientation to the modern emphasis on globalization and harmonization. His commentary analogizes modem trends in international copyright to religious equivalents. He notes that the current players include a "secular priesthood" (the traditional copyright bar and academics), "agnostics and atheists" (newer academics and lawyers, particularly those concerned with technology and the culture of the public domain) and "missionaries" (whose task it is to increase copyright protection around the world and who are primarily driven by trade considerations). The copyright "crusade" has been driven by this last group. The author compares …