Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- General Agreement on Tariffs and Trade (1947) (2)
- Intellectual property (2)
- Inventions (2)
- Trade (2)
- Agreement on Trade-Related Aspects of Intellectual Property Rights (1994) (1)
-
- Antidumping duties (1)
- BRIC countries (1)
- Clinical trials (1)
- Commerce (1)
- Data protection (1)
- Developing countries (1)
- Dispute resolution (Law) (1)
- Economic development (1)
- Industry and Trade Administration (1)
- Lex talionis (1)
- Patent laws and legislation (1)
- Remedies (Law) (1)
- Sanctions (Law) (1)
- United States (1)
- World Trade Organization (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Shadow Unilateralism: Enforcing International Trade Law At The Wto, Rachel Brewster
Shadow Unilateralism: Enforcing International Trade Law At The Wto, Rachel Brewster
Faculty Scholarship
This short essay briefly traces the evolution of trade law enforcement from the the GATT to the WTO regime. The WTO's Dispute Settlement Understanding (DSU) is widely viewed as a major innovation from the GATT regime in that it subordinates unilateral enforcement of trade law to a rule-based system of multilateral enforcement. I recognize the successes of the WTO regime but the institution effective permits (if not encourages) the unilateral enforcement of trade law outside of the DSU framework Specifically, I examine how the DSU system only provides a prospective remedy - that is, the DSU permits retaliation only for …
A Report On Trade Remedies And Rules Of Application, Charles O. Verrill Jr.
A Report On Trade Remedies And Rules Of Application, Charles O. Verrill Jr.
Faculty Scholarship
Document presented for discussion at the OECD Directorate for Science Technology & Industry, Steel Committee Meeting, 10-11 December 2009.
The GATT authorizes three trade remedies that can be utilized by members of the WTO to address troublesome imports: antidumping measures and countervailing duties, which are authorized by Article VI, and safeguards which are authorized by Article XIX. Detailed roadmaps for the application of these measures were adopted in the Uruguay Round implementing agreements that each WTO member is required to observe in applying trade measures against imports from other WTO member countries.
This Report summarizes the rules governing application of …
Rethinking The Role Of Clinical Trial Data In International Intellectual Property Law: The Case For A Public Goods Approach, Jerome H. Reichman
Rethinking The Role Of Clinical Trial Data In International Intellectual Property Law: The Case For A Public Goods Approach, Jerome H. Reichman
Faculty Scholarship
This article is a later version of the author's presentation at the Eleventh Annual Honorable Helen Wilson Nies Memorial Lecture March 26, 2008. Clinical trials are currently used to test drugs; however, the risk and cost of clinical trials are increasing so drastically that the clinical trials may become unsustainable. This article evaluates the legal and economic trends of intellectual property protection for pharmaceutical clinical trial data. The protection of clinical trials has become an alternative to patents as market exclusivity encourages the development and testing of unpatentable pharmaceuticals. This author argues that clinical trials should be treated as a …
Intellectual Property In The Twenty-First Century: Will The Developing Countries Lead Or Follow?, Jerome H. Reichman
Intellectual Property In The Twenty-First Century: Will The Developing Countries Lead Or Follow?, Jerome H. Reichman
Faculty Scholarship
This article continues the author's contributions on the subject of intellectual property protection in developing countries, and focuses on how those developing countries with growing technological prowess should accommodate their own national systems of innovation to the worldwide intellectual property regime emerging in the post-TRIPS period, with a view to maximizing global economic welfare in the foreseeable future.
Preamble I: Purposes, Legal Nature, And Scope Of The Picc; Applicability By Courts; Use Of The Picc For The Purpose Of Interpretation And Supplementation And As A Model, Ralf Michaels
Faculty Scholarship
Professor Michael's chapter provides commentary on Preamble I of the UNIDROIT Principles of International Commercial Contracts. Areas covered include purposes, legal nature and scope of the PICC; applicability by courts; use of the PICC for the purpose of interpretation and supplementation and as a model.