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Full-Text Articles in Law
Time To Say Local Cheese And Smile At Geographical Indications Of Origin? International Trade And Local Development In The United States, Irene Calboli
Research Collection Yong Pung How School Of Law
In this Article, I offer some considerations on a possible compromising solution for the controversy between the European Union (EU) and the United States (U.S.) on the regulation of geographical indications of origin (GIs) as part of the negotiations in the Transatlantic Trade and Investment Partnership (TTIP). Notably, I advocate that the EU and the U.S. consider adopting a solution similar to that adopted in the Canada and European Union Comprehensive Economic and Trade Agreement (CETA). In particular, I note that, even though CETA accepted several of the EU’s requests to claw-back names that were not previously protected in Canada, …
Assessment Of Damages In Intellectual Property Cases: Some Recent Examples Of "The Exercise Of A Sound Imagination And The Practice Of A Broad Axe"?, Gordon Ionwy David Llewelyn
Assessment Of Damages In Intellectual Property Cases: Some Recent Examples Of "The Exercise Of A Sound Imagination And The Practice Of A Broad Axe"?, Gordon Ionwy David Llewelyn
Research Collection Yong Pung How School Of Law
There are few cases outside the US that deal with the assessment of damages for infringement of intellectual property rights. When they do, as Lord Shaw said: “[It involves] the exercise of a sound imagination and the practice of the broad axe.” This article discusses decisions where the infringer has ended up paying at the low end of what it would have paid as a legitimate user. One of the fundamental rights of the owner of an intellectual property right is the freedom to decide if others can use it, so the courts’ concern to avoid high awards can mean …
China's Ip Protection Minefield: Separating Fact From Fiction, David Llewelyn, Peter J. Williamson
China's Ip Protection Minefield: Separating Fact From Fiction, David Llewelyn, Peter J. Williamson
Research Collection Yong Pung How School Of Law
China is the key emerging market for international technology companies. Smart, well-informed IP and business strategies are required if companies are to make the most of what the country has to offer.