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China’S Wapi Policy: Security Measure Or Trade Protectionism?, Zia K. Cromer
China’S Wapi Policy: Security Measure Or Trade Protectionism?, Zia K. Cromer
Duke Law & Technology Review
In December of 2003, the Chinese government announced that all WLAN equipment sold in China must conform to a propriety standard called WAPI, rather than the internationally accepted Wi-Fi standard. Moreover, for foreign firms to gain access to WAPI technology, they would need to partner with one of two-dozen Chinese firms designated by the Chinese government. The policy ostensibly grew out of security concerns regarding Wi-Fi, although it is unclear whether WAPI is more secure. Beijing has now indefinitely postponed the implementation of this policy, but WAPI is still relevant. This iBrief argues that WAPI is illustrative of many Chinese …
The Sps Agreement: Can It Regulate Trade In Nanotechnology?, James D. Thayer
The Sps Agreement: Can It Regulate Trade In Nanotechnology?, James D. Thayer
Duke Law & Technology Review
Recent studies have shown that nanoparticles, which are approximately 1 to 100 billionths of a meter in size, present unique health and environmental risks. Nevertheless, products enhanced by nanoparticles, such as sunscreen, golf balls, and hard drives, are shipped daily in international trade. With these unique risks in mind, would measures regulating the trade in nanotechnology be subject to the WTO Agreement on Sanitary and Phytosanitary Measures? If they were, would the Agreement objectively balance the unique risks and benefits of trading in nanotechnology? Whether measures regulating the trade in nanotechnology are subject to the SPS Agreement depends on the …
The European Union “Software Patents” Directive: What Is It? Why Is It? Where Are We Now?, Robert Bray
The European Union “Software Patents” Directive: What Is It? Why Is It? Where Are We Now?, Robert Bray
Duke Law & Technology Review
This paper has been adapted from a presentation given by the author at Duke University School of Law's "Hot Topics in Intellectual Property Law Symposium" on April 1, 2005. It first presents an overview of the EU "Software Patents" Directive and many of the amendments that have been proposed and adopted. It then suggests a number of ways in which Europe can lead the world in developing a system that balances the interests of patent protection and open-source software.