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Full-Text Articles in Law
Novartis Ag V. Union Of India: "Evergreening," Trips, And "Enhanced Efficacy" Under Section 3(D), Dorothy Du
Novartis Ag V. Union Of India: "Evergreening," Trips, And "Enhanced Efficacy" Under Section 3(D), Dorothy Du
Journal of Intellectual Property Law
No abstract provided.
Legitimacy And The International Trade Regime, Thomas Christiano
Legitimacy And The International Trade Regime, Thomas Christiano
San Diego Law Review
Issues of global justice and trade are usually dealt with in terms of what a just system of trade is like and what the distribution of income, opportunities, or welfare ought to be. But the question I address and explore is what a legitimate way of making decisions in the international realm is. This issue has arisen acutely in the case of the formation of the World Trade Organization (WTO) and other international institutions. In particular, many have complained that developed countries engaged in hard bargaining with developing countries in the conferences that led up to the formation of the …
From Incentive To Commodity To Asset: How International Law Is Reconceptualizing Intellectual Property, Rochelle Dreyfuss, Susy Frankel
From Incentive To Commodity To Asset: How International Law Is Reconceptualizing Intellectual Property, Rochelle Dreyfuss, Susy Frankel
Michigan Journal of International Law
The intellectual property landscape is changing. As Jerry Reichman once observed, intellectual property rights were islands in a sea of the public domain until domestic laws expanded to include such “innovations” as business methods, software, scents, and sounds and turned the public domain into a pond surrounded by a continent of rights. Reichman spoke towards the end of the 20th century, and whatever problems accompanied this change, in truth (to paraphrase Voltaire’s view of the Holy Roman Empire), the concept of “intellectual property rights” was predominantly about neither “property” nor “rights” (nor was it always “intellectual”). Rather, copyright, patent, and …
On Territoriality And International Investment Law: Applying China's Investment Treaties To Hong Kong And Macao, Odysseas G. Repousis
On Territoriality And International Investment Law: Applying China's Investment Treaties To Hong Kong And Macao, Odysseas G. Repousis
Michigan Journal of International Law
To date, investor-state tribunals have been preoccupied with a range of issues revolving around the territorial application (territoriality) of international investment agreements (IIAs). The importance, as well as the various forms such issues take, has recently been highlighted in the decision of the Singapore High Court (SGHC) in Laos v. Sanum. In this case, the SGHC was asked by Laos to set aside an earlier arbitral award (in Sanum v. Laos), filed by a Macanese legal entity and rendered under the China-Laos bilateral investment treaty (BIT). In approaching the matter, the SGHC set aside the award on the grounds that …
Balancing National Public Policy And Free Trade, Diane A. Desierto
Balancing National Public Policy And Free Trade, Diane A. Desierto
Pace International Law Review
In the wake of the impasse between the World Trade Organization (WTO) and India regarding the ratification of the Protocol to the Trade Facilitation Agreement (TFA) that concluded during the Ninth WTO Ministerial Conference in Bali, Indonesia on December of 2013, WTO Director-General Roberto Azevedo admitted that while the WTO succeeds in resolving trade disputes and monitoring trade practices, it “has failed to deliver new multilateral results since its creation.” This systemic failure in the trade negotiations pillar of the WTO is evident to all of its 160 Members. It is evident from thirteen years of stalled negotiations under the …
Reconciling Cultural Diversity And Free Trade In The Digital Age: A Cultural Analysis Of The International Trade In Content Items, Claire Wright
Reconciling Cultural Diversity And Free Trade In The Digital Age: A Cultural Analysis Of The International Trade In Content Items, Claire Wright
Akron Law Review
This article is the first in a series of three articles by the same author on the subject of the World Trade Organization (WTO) rules on content items, such as movies and music recordings. This first article in the series provides a cultural analysis of the international trade in content items.
Wto Agricultural Trade And The Unfulfilled Promise Of Development, Destaw A. Yigzaw
Wto Agricultural Trade And The Unfulfilled Promise Of Development, Destaw A. Yigzaw
South Carolina Journal of International Law and Business
The World Trade Organization (WTO) was established with an alluring promise of enhancing the living standards of people around the world, creating jobs and spurring development, while ensuring equitable distribution of the fruits of trade, with particular regard to the needs of the poor. However, critics see the WTO as a mercantilist system tailored to the commercial interests of wealthy nations and their corporations, with little or no attention to the interests of the poor. What happens to agriculture affects the poor disproportionately. If spurring economic development and thereby enhancing the living standards of people is indeed the WTO’s goal, …