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Full-Text Articles in Law

Trips And Its Achilles' Heel, Peter K. Yu Nov 2018

Trips And Its Achilles' Heel, Peter K. Yu

Peter K. Yu

No abstract provided.


Trips And Its Achilles' Heel, Peter K. Yu Apr 2016

Trips And Its Achilles' Heel, Peter K. Yu

Journal of Intellectual Property Law

No abstract provided.


Trips After Fifteen Years: Success Or Failure, As Measured By Compulsory Licensing, Donald Harris Apr 2016

Trips After Fifteen Years: Success Or Failure, As Measured By Compulsory Licensing, Donald Harris

Journal of Intellectual Property Law

No abstract provided.


The Evolution Of Copyright Law And Inductive Speculations As To Its Future, Orit Fischman-Afori Mar 2016

The Evolution Of Copyright Law And Inductive Speculations As To Its Future, Orit Fischman-Afori

Journal of Intellectual Property Law

No abstract provided.


Trick Or Treaty? The Australian Debate Over The Anti-Counterfeiting Trade Agreement (Acta), Matthew Rimmer Jan 2014

Trick Or Treaty? The Australian Debate Over The Anti-Counterfeiting Trade Agreement (Acta), Matthew Rimmer

Matthew Rimmer

The secretive 2011Anti-Counterfeiting Trade Agreement – known in short by the catchy acronym ACTA – is a controversial trade pact designed to provide for stronger enforcement of intellectual property rights. The preamble to the treaty reads like pulp fiction – it raises moral panics about piracy, counterfeiting, organised crime, and border security. The agreement contains provisions on civil remedies and criminal offences; copyright law and trademark law; the regulation of the digital environment; and border measures. Memorably, Susan Sell called the international treaty a TRIPS Double-Plus Agreement, because its obligations far exceed those of the World Trade Organization's TRIPS Agreement …


International Covergence On The Need For Third Parties To Become Internet Copyright Police (But Why?), Dennis S. Karjala Jan 2013

International Covergence On The Need For Third Parties To Become Internet Copyright Police (But Why?), Dennis S. Karjala

Richmond Journal of Global Law & Business

No abstract provided.


Private Rights For The Public Good?, J. Janewa Oseitutu Jan 2013

Private Rights For The Public Good?, J. Janewa Oseitutu

Faculty Publications

The counterfeit medicines discussion is an example of how the use of a turbid rationale for greater intellectual property protections serves sophisticated private interests while potentially harming the public interest. The risk of harm created by counterfeit medicines provides a compelling counter-narrative to the access to medicines critique of intellectual property rights.

Intellectual property advocates and the pharmaceutical industry have portrayed poor global enforcement of intellectual property rights as contributing to the proliferation of dangerous counterfeit medications. Yet, the deliberate linkage in the literature between weak intellectual property rights and the harms caused by counterfeit medicines provides a justification for …


A Submission To The Australian Law Reform Commission On Copyright And The Digital Economy: International Law, Matthew Rimmer Dr Nov 2012

A Submission To The Australian Law Reform Commission On Copyright And The Digital Economy: International Law, Matthew Rimmer Dr

Matthew Rimmer

The Australian Law Reform Commission poses a question in respect of international law in the issues paper on Copyright and the Digital Economy.Question 1. The ALRC is interested in evidence of how Australia’s copyright law is affecting participation in the digital economy. For example, is there evidence about how copyright law: a. affects the ability of creators to earn a living, including through access to new revenue streams and new digital goods and services; b. affects the introduction of new or innovative business models; c. imposes unnecessary costs or inefficiencies on creators or those wanting to access or make use …


Acta: The Policy Implications For India, Maurya Vijay Chandra, Meenu Chandra Jul 2012

Acta: The Policy Implications For India, Maurya Vijay Chandra, Meenu Chandra

Maurya Vijay Chandra

The official unveiling of the Anti-Counterfeiting Trade Agreement (ACTA) in 2010 triggered a wave of concern for developing countries, especially in respect of ACTA's emphasis on building a stronger international framework in the form of a TRIPs plus enforcement against trademark counterfeiting. ACTA has been negotiated by Australia, Canada, the EU and its 27 Member States, Japan, South Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the Uruted States. All countries have signed ACTA except for Switzerland and Mexico. The legal framework of ACTA embodies civil and criminal enforcement, border measures as well as enforcement issues related to the digital …


Acta - Risks Of Third-Party Enforcement For Access To Medicines, Brook Baker Jan 2012

Acta - Risks Of Third-Party Enforcement For Access To Medicines, Brook Baker

Brook K. Baker

In its current near-final draft form, the Anti-Counterfeiting Trade Agreement [ACTA] being negotiated plurilaterally—and largely secretly—by a self-selected group of countries proposes to allow preliminary and final injunctive relief against third parties (third-party enforcement) to prevent infringement of intellectual property rights and/or to prevent infringing goods from entering into the channels of commerce. There is lingering uncertainty whether the relevant civil enforcement section will apply to the entire range of intellectual property rights or whether patents will be excluded. If patents are excluded, the dangers in ACTA would be reduced but not eliminated—new globalized forms of third-party enforcement would still …


Graduated Response By Industry Compact: Piercing The Black Box, Mary Lafrance Jan 2012

Graduated Response By Industry Compact: Piercing The Black Box, Mary Lafrance

Scholarly Works

No abstract provided.


A Case Against Acta, Kenneth L. Port Jan 2012

A Case Against Acta, Kenneth L. Port

Faculty Scholarship

The Anti-counterfeiting Trade Agreement (ACTA) is being considered by the Obama Administration as an Executive Order. If signed, this Order will greatly enhance controls placed at the borders of 36 countries to attempt to stop the international flow of so-called counterfeit goods. To remove the social, political and emotional sensitivity, I adopt the value neutral term of “imitative commodity” to describe what some call counterfeits, knockoffs, pirates, etc. This article uses just three manufacturers of luxury status goods to consider whether the ACTA will have positive or negative consequences. It concludes that the data supporting the need for the ACTA …


A Critical Look At The Anti-Counterfeiting Trade Agreement, David M. Quinn Apr 2011

A Critical Look At The Anti-Counterfeiting Trade Agreement, David M. Quinn

Law Student Publications

This Article examines two of the more credible criticisms leveled against the ACTA and evaluates the credibility of each. First, some allege that the agreement is a treaty masquerading as an executive agreement. The distinction is significant because treaties may modify U.S. law and require congressional approval, while executive agreements must accord with existing law and require only presidential approval. The second criticism is the systemic lack of transparency throughout the negotiation process. Though these are not the only criticisms – far from it – they are the two most significant and stand on the most solid ground.


Acta's State Of Play: Looking Beyond Transparency, Michael Geist Jan 2011

Acta's State Of Play: Looking Beyond Transparency, Michael Geist

American University International Law Review

No abstract provided.


Acta And The Specter Of Graduated Response , Annemarie Bridy Jan 2011

Acta And The Specter Of Graduated Response , Annemarie Bridy

American University International Law Review

No abstract provided.


Acta Fool Or: How Rights Holders Learned To Stop Worrying And Love 512’S Subpoena Provisions, Colin E. Shanahan Jan 2011

Acta Fool Or: How Rights Holders Learned To Stop Worrying And Love 512’S Subpoena Provisions, Colin E. Shanahan

Marquette Intellectual Property Law Review

This comment argues against the adoption of the proposed Anti-Counterfeiting Trade Agreement. Specifically, that the ACTA provision establishing “[p]rocedures enabling right holders who have given effective notification of a claimed infringement to expeditiously obtain information identifying the alleged infringer” should not extend the current subpoena provisions of 17 USC § 512(h) to encompass p2p networks. The Comment discusses the current U.S. law and cases, why the rights holders want the ACTA Agreeement and argues why the ACTA agreement should not be adopted.


Acta As A New Kind Of International Ip Lawmaking, Kimberlee Weatherall Jan 2011

Acta As A New Kind Of International Ip Lawmaking, Kimberlee Weatherall

American University International Law Review

No abstract provided.


Acta’S Constitutional Problem: The Treaty Is Not A Treaty, Sean Flynn Jan 2011

Acta’S Constitutional Problem: The Treaty Is Not A Treaty, Sean Flynn

Joint PIJIP/TLS Research Paper Series

The planned entry of the U.S. into the Anti-Counterfeiting Trade Agreement (ACTA) poses a unique Constitutional problem. The problem is that the President lacks constitutional authority to bind the U.S. to the agreement without congressional consent; but that lack of authority may not prevent the U.S. from being bound to the agreement under international law. If the administration succeeds in its plan, ACTA may be a binding international treaty (under international law) that is not a treaty (under U.S. Constitutional law).


Wipo And The Acta Threat, Sara Bannerman Sep 2010

Wipo And The Acta Threat, Sara Bannerman

Joint PIJIP/TLS Research Paper Series

The new Anti-Counterfeiting Trade Agreement (ACTA) has been seen as a potentially existential threat to the existing World Intellectual Property Organization (WIPO) – as a new plurilateral institution that could replace the older multilateral organization. The ACTA threat to WIPO has a number of predecessors. WIPO’s centrality to international intellectual property norm-setting encountered its first major challenge in 1952 when the Universal Copyright Convention was established under UNESCO. It encountered a second major challenge with the establishment of the Agreement on Trade-Related Aspects of Intellectual Property (the TRIPs Agreement). The ACTA challenge thus potentially represents a third instance where a …