Intellectual Property Law Commons^™

The Limits Placed By Eec Law On Territorial Protection In Patent Licensing: A Case Study In Community Law-Making, Donald L. Holley

Northwestern Journal of International Law & Business

In this article, Mr. Holley examines the ways in which the EEC Commission's interpretations of the EEC Treaty, European Court decisions, and suggestions made by Member States and industry influence the development of EEC law. By focusing on the Commission's draft patent licensing regulation, the author identifies existing conflicts between preserving patent rights and the EEC objectives of protecting competition and the free flow of goods among the Member States.

Unctad's Draft Code Of Conduct On The Transfer Of Technology: A Critique, James W. Skelton, Jr.

Vanderbilt Journal of Transnational Law

UNCTAD's fourteenth plenary meeting on May 6, 1980, produced the latest of several attempts to draft such a code. The document is entitled "Draft International Code of Conduct on the Transfer of Technology" (Draft Code), and this draft will be the primary subject of analysis in this article. The drafters of the code face a number of problems, the least of which is the ultimate determination of the code's legal character and, consequently, its legal effect. This determination and other problem areas confronting the drafters, including the code's special preferences for developing countries, the core chapter on restrictive practices, and …

The Transfer Of Technology To Latin America, Gabriel M. Wilner

Vanderbilt Journal of Transnational Law

This paper focuses on the contractual acquisition of foreign technology through licenses and other contractual arrangements as contrasted with the technological components in the usual direct investment. Such investment is made either in the form of the wholly-owned subsidiary of the transnational corporation or as part of a joint venture. The use of technology as a major component of direct investment has been discouraged over the years, although this trend was reversed in Chile after 1977.

Modern legislation and practice in the regulation of technology transfer is characterized in the several Latin American countries possessing such a regime by administrative …

Technology Transfer As An Issue In North/South Negotiations, Homer O. Blair

Vanderbilt Journal of Transnational Law

For a number of years, negotiations have been taking place on an international scale, usually under the auspices of the United Nations or one of its specialized agencies, on a wide variety of subjects involving technology transfer between the developed countries (the North) and the less developed or developing countries (the South). Three primary groups are involved in the United Nations negotiations. The first is known as the Group of 77, which now includes more than 120 developing countries, including countries in South and Central America, Africa, and Asia. Within this group the degree of development varies from countries such …

The Value Of Territorial And Field-Of-Use Restrictions In The International Licensing Of Unpatented Know-How: An Empirical Study, Joel A. Bleeke, James A. Rahl

Northwestern Journal of International Law & Business

Data concerning the international transfer of technology, particularly in the area of unpatented know-how, are relatively scarce. In this article, Mr. Bleeke and Professor Rahl present the results of one of the first empirical studies conducted in this field. The study, in which signifcant information was gathered from United States corporate licensing attorneys and executives, is focused upon the extent to which territorial and field-of-use restrictions are necessary to facilitate the international transfer of unpatented know-how. The results provide a clearer picturefor both policy makers and practitioners in the field.

A Three Country Conundrum In Conflict Of Laws Or Who Gets The Patent?, Marcus B. Finnegan, Thomas L. Irving

Maryland Journal of International Law

No abstract provided.

Recent Decisions, John J. Curry, Jr., Dan T. Carter, Melissa Gallivan, James A. Delanis

Vanderbilt Journal of Transnational Law

ANTITRUST--Import Restrictions--Import Ban Ordered as Equitable Relief for Violation of Section 7 of the Clayton Act Must Not Discriminate Against Foreign Producers or Reduce Competition

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European Communities--Restrictive Trade Practices--Patent Licensing Agreements that Restrict Competition between Member States Without Improving Production or Distribution or Promoting Technical or Economic Progress Violate Article 85

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JURISDICTION--CONTINENTAL SHELF--ABANDONED VESSEL SALVAGED FROM THE SURFACE OF THE UNITED STATES CONTINENTAL SHELF BEYOND TERRITORIAL WATERS IS NOT UNDER JURISDICTION OF UNITED STATES GOVERNMENT

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IMMIGRATION--A STATE MAY PROHIBIT THE EMPLOYMENT OF ILLEGAL ALIENS

Foreign Income In The Music Industry, Leo Strauss, Jr.

Vanderbilt Journal of Transnational Law

The record and music industries have grown tremendously and have become much more sophisticated in recent years. At one time a music publisher merely listened to a song and if he liked it he acquired the copyright. A recording artist or a recording A & R man would record those songs that he happened to like. Those who were lucky had their share of hits. This normally does not work any more, although it does in certain localized contexts. The record industry is big business and spans national borders as well as continents, affecting and bringing into contact with each …

Rights Of A Traveler To Use Here Articles Made And Purchased Abroad But Patented Here, Dwight B. Cheever

Michigan Law Review

The question to be answered by this paper is whether or not when an American citizen goes abroad and purchases there from a manufacturer in any foreign country any article whatsoever be it wearing apparel or an automobile which is patented in this country has such a purchaser the right to bring that article into this country and to use it in this country without paying tribute to the American patentee or his assignee. As to small articles the question is of course unimportant, for no one would think of going to the expense of a suit over the use …

Section 301: The United States' Response To Latin American Trade Barriers Involving Intellectual Property, Judith H. Bello

University of Miami Inter-American Law Review

No abstract provided.