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Theft By Territorialism: A Case For Revising Trips To Protect Trademarks From National Market Foreclosure, Beth Fulkerson
Theft By Territorialism: A Case For Revising Trips To Protect Trademarks From National Market Foreclosure, Beth Fulkerson
Michigan Journal of International Law
This Note will argue that the "well-known mark" standard of the Paris Convention, which is also adopted by the Agreement on Trade-Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods (TRIPS), the North American Free Trade Agreement (NAFTA), and the European Community (EC), is an artifact of an era when markets were circumscribed by national borders and granting a monopoly on a trademark in one country on the basis of its use in another was unreasonable because the likelihood of confusion was minimal. Today, however, the trademark originator's intent to expand beyond its original market should be presumed. …
Resolving Economic Disputes In Russia's Market Economy, Karen Halverson
Resolving Economic Disputes In Russia's Market Economy, Karen Halverson
Michigan Journal of International Law
The purpose of this paper is to examine the recent transformation of state arbitrazh into economic courts along with the development of commercial arbitration in Russia, and to consider the relative utility of these mechanisms for resolving disputes in Russia's evolving market economy. Part I describes state arbitrazh and details its evolution into the existing system of economic courts. Part II discusses the past and recent development of commercial arbitration in Russia as an alternative to litigating domestic disputes. Part III considers various social and historic factors that hinder genuine reform.