Law Commons^™

Anti-Circumvention: Has Technology's Child Turned Against Its Mother?, Terri B. Cohen

Vanderbilt Journal of Transnational Law

Because its function is to protect and support innovation, copyright has been deemed a child of technology. Yet, as copyright laws increase the scope of protection for copyrighted material, one may wonder when such protection will begin to stymie, rather than encourage, emerging technology. The global trend toward internationalizing copyright protection has resulted in the World Intellectual Property Organization (WIPO) Copyright Treaty, which was intended, in part, to bring international copyright protection into the digital age. The treaty, however, extends traditional copyright protections by including a requirement that member nations implement anti-circumvention provisions into their laws.

Great debate has emerged …

Biodiversity: Opportunities And Obligations, Jeffrey P. Kushan

Vanderbilt Journal of Transnational Law

Mr. Kushan discusses the technology transfer provisions of the Convention on Biological Diversity, and outlines three themes found in the Convention related to technology transfer: benefit sharing, sovereign rights, and intellectual property rights protection. After briefly explaining the first two themes, the Article focuses on the third theme, the protection (or lack thereof) of intellectual property rights in the Convention. Mr. Kushan explains how the ideological split on intellectual property rights protection between the North and South found its way into the Convention and created ambiguous messages on intellectual property rights. Southern countries, who fear that strong intellectual property rights …

Review Essay: The Future Of National Security Export Controls, Donald H. Caldwell, Jr.

Vanderbilt Journal of Transnational Law

In calling for more narrowly focused controls, this study echoes the Bucy Report of 1976, one that called for restrictions on revolutionary rather than evolutionary technology.56 Yet more than a decade after that report was issued, United States export control lists are still weighted toward restricting all exports containing useful technology whether or not the export of an item would advance the capabilities of American adversaries to any degree.17 Unless industry leaders seize the opportunity to reduce the scope of national security export controls as Congress prepares to reauthorize the Export Administration Act, this report, like the Bucy Report before …

Was The Sigh Of Relief Premature? The Investment Canada Act, Susan D. Romer

Vanderbilt Journal of Transnational Law

On June 30, 1985 the Canadian Government enacted the Investment Canada Act (ICA), evoking a sigh of relief from the United States in vestment community. ICA replaced the Foreign Investment Review Act (FIRA). Burdensome Canadian regulations have impeded foreign investment in Canada throughout the last two decades. FIRA, in particular, blocked the free flow of foreign investment into Canada. In contrast, ICA's primary goal is "to encourage an inflow of capital and technology into Canada." As a result, United States investors have openly embraced ICA's arrival.

Once the initial euphoria wanes, however, and the United States investment community encounters ICA …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Casebook on Carriage by Sea.

By E.R. Hardy Ivamy

London: Lloyd's of London Press, 1982. Pp. xxxix, 203. £11.50.

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Casebook on Shipping Law

By E.R. Hardy Ivamy

London: Lloyd's of London Press, 1982. Pp. xxx, 205. £11.50.

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Regional Development Agencies in Europe

Edited by Douglas Yuill

Hampshire, England: Gower, 1982. Pp. vii, 449.$44.50.

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United States Trade Policy Legislation: A Canadian View

By Rodney de C. Grey

Montreal: The Institute for Research on Public Policy, 1982. Pp. xvii, 130. $7.95.

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Transfer of Technology: U.S. Multinationals and Eastern Europe

By Marilyn L. Liebrenz

New York: Praeger Publishers, 1982. …

United States Policy Toward The Transfer Of Proprietary Technology: Licenses, Taxes, And Finance, Gary C. Hufbauer, George N. Carlson

Vanderbilt Journal of Transnational Law

Much of the nation's technology is developed in public institutions, especially universities and government research laboratories, and is freely available through libraries and classrooms. Roughly one-half of total United States research and development expenditures are funded by the United States Government, and the findings from this research are generally available to citizens and foreigners at little or no charge. In addition, a great deal of technology that was once guarded by patents or trade secrets has since passed into the public domain. This paper ignores these freely available segments of the national technology base and discusses proprietary technology.

Technology Transfer As An Issue In North/South Negotiations, Homer O. Blair

Vanderbilt Journal of Transnational Law

For a number of years, negotiations have been taking place on an international scale, usually under the auspices of the United Nations or one of its specialized agencies, on a wide variety of subjects involving technology transfer between the developed countries (the North) and the less developed or developing countries (the South). Three primary groups are involved in the United Nations negotiations. The first is known as the Group of 77, which now includes more than 120 developing countries, including countries in South and Central America, Africa, and Asia. Within this group the degree of development varies from countries such …

The Technology Transfer Process: A Vehicle For Continuity And Change, Robert Goldscheider

Vanderbilt Journal of Transnational Law

The technology transfer or licensing process is a discipline which, if properly appreciated, can be utilized in a wide variety of circumstances. There is a strong parallel with another discipline, music--more particularly, with the playing of a large and complicated church organ.

A man named Johann Sebastian Bach could sit in a drafty church in Leipzig over 200 years ago and create a phenomenon that had an original, and to the ears of most listeners, very wonderful sound. By utilizing the universally recognized notations of music, the staff, clefs, notes of varying duration, sharps, flats, keys, and indications of loudness …

United States Regulations And Acquisitions, Robert J. Radway

Vanderbilt Journal of Transnational Law

Will protectionist sentiment in the United States result in the imposition of barriers ultimately impeding the flow of this foreign technology, or will the realities of reciprocity soften the restrictive legislation in some of the developing countries which are increasingly becoming technology exporters? It is clear that the international economic system becomes increasingly interdependent each year. What is ever more apparent is that trade flows, international capital movements, and the transnational transfer of technology are inextricably interrelated with other issues involved in the Global Dialogue, such as the role of energy in development, (including petroleum and alternate sources), the stabilization …