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Symposium Introduction: Advancing Intellectual Property Goals Through Prevention And Alternative Dispute Resolution, Thomas Barton, James M. Cooper
Symposium Introduction: Advancing Intellectual Property Goals Through Prevention And Alternative Dispute Resolution, Thomas Barton, James M. Cooper
Faculty Scholarship
This essay offers a brief background to the issues that prompted a global exploration of alternative methods for preventing and resolving IP disputes. Part One describes the exploding importance of IP rights and law and consequent challenges to court adjudication. Part Two offers a snapshot of current IP enforcement methods: traditional and emerging, public and private, domestic and international. Part Three suggests factors toward matching IP problems with alternative procedures for their effective resolution. Finally, woven throughout this essay is a recommendation of stronger involvement by public domestic or international bodies in dispute prevention and ADR methods.
A Development Model Meets Piracy In Paraguay, James M. Cooper, Carlos Ruffinelli
A Development Model Meets Piracy In Paraguay, James M. Cooper, Carlos Ruffinelli
Faculty Scholarship
This essay will explore the dynamics behind Paraguay's economy, political stability, legal culture, and geopolitical conditions that make the protection of IP rights a major challenge. Part I of this essay details Paraguay's current condition in a socioeconomic, political, and developmental context. Part II of this essay explores how Paraguay's lack of economic opportunities, relaxed enforcement regime, and cultural tradition create conditions where the counterfeiting industry flourishes. Part III of this essay examines some of the international IP rights agreements to which Paraguay is a party, and it examines how these agreements might help strengthen the IP rights regime in …
The North American Free Trade Agreement And Its Legacy On The Resolution Of Intellectual Property Disputes, James Cooper
The North American Free Trade Agreement And Its Legacy On The Resolution Of Intellectual Property Disputes, James Cooper
Faculty Scholarship
This essay focuses on NAFTA and the contributions that this regional trade pact made to protect IPR and settle intellectual property (IP) disputes. It also explores the legacy of NAFTA in the context of the eventual WTO, and the rights provided by the TRIPS Agreement that was concluded as part of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) negotiations. Section II provides a brief historical background on how NAFTA fit into the world as countries began aligning themselves by creating various trade agreements. Section III surveys the provisions and legacy of NAFTA with respect to …