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Intellectual Property Law Commons

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Articles 1 - 14 of 14

Full-Text Articles in Intellectual Property Law

Ftas' Contribution Towards A More Flexible Copyright Space: Possibilities And Limits, Maria Vasquez Callo-Muller Jan 2023

Ftas' Contribution Towards A More Flexible Copyright Space: Possibilities And Limits, Maria Vasquez Callo-Muller

American University International Law Review

Free Trade Agreements (FTAs) have often been considered instruments for heightened intellectual property rights protection, thereby in detriment of a more flexible copyright space. However, since the adoption of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, some FTAs have been incorporating a clause on the “Balance in Copyright and Related Rights Systems.” Among these, the Regional Comprehensive Economic Partnership Agreement and, more recently, the 2021 Australia-U.K. FTA contain such a clause. In addition, more discrete FTAs, such as the AustraliaPeru FTA, also incorporate similar provisions. This article considers what incorporating such clauses in FTAs means for the interpretation of …


State Of Dilution: How U.S. Trademark And Anti-Dilution Law Violates The Agreement On Trade-Related Aspects Of Intellectual Property Rights, Sherwet Witherington Jan 2020

State Of Dilution: How U.S. Trademark And Anti-Dilution Law Violates The Agreement On Trade-Related Aspects Of Intellectual Property Rights, Sherwet Witherington

American University International Law Review

No abstract provided.


Trips-Plus, Public Health And Performance-Based Rewards Schemes Options And Supplements For Policy Formation In Developing And Least Developed Countries, Mohammed K. El-Said Jan 2016

Trips-Plus, Public Health And Performance-Based Rewards Schemes Options And Supplements For Policy Formation In Developing And Least Developed Countries, Mohammed K. El-Said

American University International Law Review

No abstract provided.


Acta's State Of Play: Looking Beyond Transparency, Michael Geist Jan 2011

Acta's State Of Play: Looking Beyond Transparency, Michael Geist

American University International Law Review

No abstract provided.


Acta's Constitutional Problem: The Treaty Is Not A Treaty , Sean Flynn Jan 2011

Acta's Constitutional Problem: The Treaty Is Not A Treaty , Sean Flynn

American University International Law Review

No abstract provided.


Transparency Soup: The Acta Negotiating Process And "Black Box" Lawmaking , David S. Levine Jan 2011

Transparency Soup: The Acta Negotiating Process And "Black Box" Lawmaking , David S. Levine

American University International Law Review

No abstract provided.


Acta And The Specter Of Graduated Response , Annemarie Bridy Jan 2011

Acta And The Specter Of Graduated Response , Annemarie Bridy

American University International Law Review

No abstract provided.


Enforcing Intellectual Property Rights By Diminishing Privacy: How The Anti-Counterfeiting Trade Agreement Jeopardizes The Right To Privacy , Alberto J. Cerda Silva Jan 2011

Enforcing Intellectual Property Rights By Diminishing Privacy: How The Anti-Counterfeiting Trade Agreement Jeopardizes The Right To Privacy , Alberto J. Cerda Silva

American University International Law Review

No abstract provided.


A Trade Agreement Creating Barriers To International Trade?: Acta Border Measures And Goods In Transit , Henning Grosse Ruse - Khan Jan 2011

A Trade Agreement Creating Barriers To International Trade?: Acta Border Measures And Goods In Transit , Henning Grosse Ruse - Khan

American University International Law Review

No abstract provided.


Collateral Damage: The Impact Of Acta And The Enforcement Agenda On The World's Poorest People , Andrew Rens Jan 2011

Collateral Damage: The Impact Of Acta And The Enforcement Agenda On The World's Poorest People , Andrew Rens

American University International Law Review

No abstract provided.


Acta - Risks Of Third-Party Enforcement For Access To Medinces, Brook K. Baker Jan 2011

Acta - Risks Of Third-Party Enforcement For Access To Medinces, Brook K. Baker

American University International Law Review

No abstract provided.


Acta As A New Kind Of International Ip Lawmaking, Kimberlee Weatherall Jan 2011

Acta As A New Kind Of International Ip Lawmaking, Kimberlee Weatherall

American University International Law Review

No abstract provided.


Trips Enforcement And Developing Countries, Peter K. Yu Jan 2011

Trips Enforcement And Developing Countries, Peter K. Yu

American University International Law Review

No abstract provided.


A Look At The Compulsory License In Investment Arbitration: The Case Of Indirect Expropriation, Christopher Gibson Jan 2010

A Look At The Compulsory License In Investment Arbitration: The Case Of Indirect Expropriation, Christopher Gibson

American University International Law Review

This article covers a timely set of issues concerning the relationship between intellectual property rights (“IPRs”) associated with foreign investments, state-authorized compulsory licenses, trade law (in particular, the TRIPS Agreement), and claims for indirect expropriation that might be brought in investment arbitration. I focus, as a case study, on compulsory licenses and claims of indirect expropriation. Compulsory licenses bear an inherently contentious character. This government authorized license often presents a clash between significant opposing interests – on one side, the legitimate expectations of patent based foreign investors founded on the international investment agreement (“IIA”) and a patent regime that, for …