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Full-Text Articles in Social and Behavioral Sciences
Applying Best Practice Principles To International Intellectual Property Lawmaking, Jeremy De Beer
Applying Best Practice Principles To International Intellectual Property Lawmaking, Jeremy De Beer
Jeremy de Beer
This article applies the Max Planck Principles on Intellectual Property Provisions in Bilateral and Regional Agreements to several recently established or still-being-negotiated international lawmaking instruments. It identifies recent, fundamental changes and overarching patterns in the evolution in the procedures, institutions, and substantive outcomes of international intellectual property law- making. Specific analysis is provided of the Principles’ potential application to the Anti-Counterfeiting Trade Agreement (ACTA), the Trans-Pacific Partnership Agreement (TPP), the Comprehensive Economic and Trade Agreement (CETA), the Pan-African Intellectual Property Organization (PAIPO), and the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired, or …
Implementing International Trade Agreements In Federal Systems: A Look At The Canada-E.U. Ceta’S Intellectual Property Issues, Jeremy De Beer
Implementing International Trade Agreements In Federal Systems: A Look At The Canada-E.U. Ceta’S Intellectual Property Issues, Jeremy De Beer
Jeremy de Beer
This article examines the negotiations towards a Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union (EU) as an example of some challenges and solutions for implementing international trade agreements in multilevel federal systems. It briefly describes Canadian constitutional law governing the domestic implementation of international treaties and then canvasses three specific examples of current challenges related to the regulation of intellectual property. While the constitutional validity of federal regulations addressing pharmaceutical data protection, digital rights management (DRM), and geographic indications is far from guaranteed, legislators and courts have used several legal means to support implementation of …
International Trade In Biofuels: Legal And Regulatory Issues, Jeremy De Beer, Stuart Smyth
International Trade In Biofuels: Legal And Regulatory Issues, Jeremy De Beer, Stuart Smyth
Jeremy de Beer
Governments around the world are betting heavily on biofuels as one part of a solution to a wide range of public policy challenges, from environmental sustainability in the face of climate change, to energy security given rising geopolitical instability, to economic growth especially in rural regions and developing countries. Policy interventions typically take the form of legal and regulatory measures, for example, to drive demand for renewable fuels through mandates, or to subsidize costs through financial and other supports for production and processing of feedstock and output fuels. Such complex legal/regulatory mechanisms combine to create a multi-level or network system …