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Infringement As Unfair Competition: A Blueprint For Global Governance?, Sean Pager, Eric Priest
Infringement As Unfair Competition: A Blueprint For Global Governance?, Sean Pager, Eric Priest
Sean Pager
INFRINGEMENT AS UNFAIR COMPETITION: A BLUEPRINT FOR GLOBAL GOVERNANCE?
Sean A. Pager Michigan State University College of Law
Eric Priest University of Oregon School of Law
ABSTRACT
This Article examines a new approach to address persistent regulatory failures in global supply chains. In a series of recent cases, unfair competition actions have been brought in U.S. court against foreign manufacturers who infringe software overseas under the theory that the cost savings from infringement confers an unfair advantage in U.S. markets. While this theory has been advanced in the intellectual property context, the same approach could work to target abuses in …