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Compliance With The Trips Agreement: Introduction To A Scholarly Debate, J. H. Reichman
Compliance With The Trips Agreement: Introduction To A Scholarly Debate, J. H. Reichman
Vanderbilt Journal of Transnational Law
The first symposium held on the proposals to include intellectual property rights within the Uruguay Round of multilateral trade negotiations' was published by The Vanderbilt Journal of Transnational Law in 1989. It seemed only fitting to return to this same Journal with a retrospective evaluation of the finished product by members of the American Association of Law Schools' (AALS) Intellectual Property Section in 1996. That product is Annex IC of the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement), better known as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement or Agreement). This Agreement has already …
Trademarks And Geographical Indications: Exploring The Contours Of The Trips Agreement, Paul J. Heald
Trademarks And Geographical Indications: Exploring The Contours Of The Trips Agreement, Paul J. Heald
Vanderbilt Journal of Transnational Law
Professor Heald focuses upon the trademark provisions of TRIPS, which have received less attention than the patent and copyright provisions. He closely examines TRIPS' substantive trademark provisions, including the definition of trademark, eligibility for registration, rights of registrants, and assignments / licensing. Professor Heald then considers geographical indications of products' origins, particularly the unique issues raised by the wine and spirits industry. He also discusses enforcement issues, absence of use requirements, dispute resolution, and the U.S. domestic implementing legislation before closing with a general assessment of the pluses and minuses TRIPS offers in the area of trademark protection.
The Trips Agreement: Imperialistic, Outdated, And Overprotective, Marci A. Hamilton
The Trips Agreement: Imperialistic, Outdated, And Overprotective, Marci A. Hamilton
Vanderbilt Journal of Transnational Law
According to Professor Hamilton, the TRIPS Agreement constructs international copyright law in the image of Western, Protestant-based capitalist copyright law. She suggests that the Agreement imposes presuppositions about human value, effort, and reward that contain political, sociological, and legal ramifications. In fact, the Agreement, with its focus upon valuing individual human creative achievement, could spur further developments in Western-based human rights in the rest of the world. By transplanting Western ideas to the rest of the world, TRIPS may actually encourage anti-authoritarian revolution. She further suggests that the TRIPS Agreement seeks to establish a free market of intellectual property goods. …