Law Of The Sea And Lng: Cross-Border Law And Politics Over Head Harbor Passage, The,
2012
Case Western Reserve University School of Law
Law Of The Sea And Lng: Cross-Border Law And Politics Over Head Harbor Passage, The, James Kraska
Canada-United States Law Journal
No abstract provided.
Cleared For Landing: Airbus, Boeing, And The Wto Dispute Over Subsidies To Large Civil Aircraft,
2012
Northwestern Pritzker School of Law
Cleared For Landing: Airbus, Boeing, And The Wto Dispute Over Subsidies To Large Civil Aircraft, Jeffrey D. Kienstra
Northwestern Journal of International Law & Business
Competition between Airbus and Boeing in the large civil aircraft industry grew contentious as Airbus began to overtake Boeing in its long-held position as the world‘s leading producer of large civil aircraft. Airbus and Boeing had also each embarked on multi-billion dollar investments into the development of new aircraft, further raising the stakes. The United States and European Communities in turn increasingly scrutinized the subsidies provided by their counterpart to its respective aircraft manufacturer. This conflict over subsidies, which had persisted between the United States and European Communities since the inception of Airbus in 1970, reached a head in 2004 …
Legal Services In India: Is There An Obligation Under The Gats Or Are There Policy Reasons For India To Open Its Legal Services Market To Foreign Legal Consultants?,
2012
University of Richmond
Legal Services In India: Is There An Obligation Under The Gats Or Are There Policy Reasons For India To Open Its Legal Services Market To Foreign Legal Consultants?, Arno L. Eisen
Richmond Journal of Global Law & Business
No abstract provided.
Settlement Of India/Eu Wto Dispute Re Seizures Of In-Transit Medicines: Why The Proposed Eu Border Regulation Isn't Good Enough,
2012
Northeastern University School of Law
Settlement Of India/Eu Wto Dispute Re Seizures Of In-Transit Medicines: Why The Proposed Eu Border Regulation Isn't Good Enough, Brook K. Baker
Joint PIJIP/TLS Research Paper Series
European Customs officials have used fictive patent rights to justify the seizure of lawful generic medicines produced in India and destined for non-European markets. Following a public outcry and initiation of two WTO complaints, the EU has proposed amendments to Border Regulations Measure 1383/2003. The Proposed Border Regulation in its current form will not adequately resolve the risk of interception in Europe of medicines lawfully manufactured and exported from India and destined for lawful import and consumption in a non-EU country. This analysis concludes that multiple weaknesses remain in the Border Regulations, including: (1) continued coverage of alleged patent and …
Acta & Access To Learning Materiols In Morocco: An Examination Of How Acta Impacts The Creation Of A Moroccan Orphan Works Regime,
2012
Univeristy of Cape Town
Acta & Access To Learning Materiols In Morocco: An Examination Of How Acta Impacts The Creation Of A Moroccan Orphan Works Regime, Caroline B. Ncube
Joint PIJIP/TLS Research Paper Series
This paper briefly examines the current regime of copyright law in Morocco and seeks to examine the status of orphan works in Morocco, in lieu its membership as the sole African country in the recently signed Anti-Counterfeiting Trade Agreement (ACTA). The paper concludes that Morocco can, and ought to, enact exceptions and limitations that facilitate meaningful access to orphan works in both analogue and digital formats.
The Anti-Counterfeiting Trade Agreement Of 2010: Two Problems And One Unanswered Question,
2012
School of Business at the College of Charleston
The Anti-Counterfeiting Trade Agreement Of 2010: Two Problems And One Unanswered Question, Roxane Delaurell
Global Business Law Review
Further, as might be expected, uncertainty in the international context is likely to be the greatest at that point where enforcement is called for; that is, that point where the tangible expression of the force of law and of the courts‘ authority must be executed. It is for this reason that the Anti-Counterfeiting Trade Agreement (―ACTA) was drafted. Finalized in December of 2010, ACTA seeks to address problematic issues with regard to enforcement of IPR (Intellectual Property Rights) across borders and ―in the digital environment.International trafficking in unlicensed copyrighted material, and counterfeit trademarked goods and consumables––the two areas addressed by …
Masthead,
2012
Cleveland State University
1 Vol, 1 Issue, Masthead - In The Balance,
2012
Cleveland State University
1 Vol, 1 Issue, Masthead - In The Balance, Global Business Law Review
In the Balance
No abstract provided.
For The Opening Act: A Greek Tragedy,
2012
Cleveland State University
For The Opening Act: A Greek Tragedy, Erik M. Dickinson
In the Balance
No abstract provided.
Has Justice Finally Arrived For The Drc?,
2012
Cleveland State University
Has Justice Finally Arrived For The Drc?, Lindsay L. Raskin
In the Balance
No abstract provided.
Would A Big Bad Bank Blow The Real Estate Problems Of Spain Down?,
2012
Cleveland State University
Would A Big Bad Bank Blow The Real Estate Problems Of Spain Down?, Christopher J. Stewart
In the Balance
No abstract provided.
South Korean Free Trade Agreements: U.S. And E.U,
2012
Cleveland State University
South Korean Free Trade Agreements: U.S. And E.U, Robert Molnar
In the Balance
No abstract provided.
The North American Free Trade Agreement And Its Legacy On The Resolution Of Intellectual Property Disputes,
2012
California Western School of Law
The North American Free Trade Agreement And Its Legacy On The Resolution Of Intellectual Property Disputes, James Cooper
Faculty Scholarship
This essay focuses on NAFTA and the contributions that this regional trade pact made to protect IPR and settle intellectual property (IP) disputes. It also explores the legacy of NAFTA in the context of the eventual WTO, and the rights provided by the TRIPS Agreement that was concluded as part of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) negotiations. Section II provides a brief historical background on how NAFTA fit into the world as countries began aligning themselves by creating various trade agreements. Section III surveys the provisions and legacy of NAFTA with respect to …
Strengthening The Link In Linkage: Defining "Development Needs" In Wto Law,
2012
American University Washington College of Law
Strengthening The Link In Linkage: Defining "Development Needs" In Wto Law, Suyash Paliwal
American University International Law Review
No abstract provided.
What Constitutes An "Agreement In Writing" In International Commercial Arbitration? Conflicts Between The New York Convention And The Federal Arbitration Act,
2012
University of Missouri School of Law
What Constitutes An "Agreement In Writing" In International Commercial Arbitration? Conflicts Between The New York Convention And The Federal Arbitration Act, S. I. Strong
Faculty Publications
This article investigates whether and to what extent a party must produce an “agreement in writing” when seeking to enforce an international arbitration agreement or award in a U.S. federal court. This issue has recently given rise to both a circuit split and a petition for certiorari to the U.S. Supreme Court, and involves matters of formal validity as well as federal subject matter jurisdiction. The problem arises out of subtle differences in the way an “agreement in writing” is defined in the Federal Arbitration Act (FAA) and the 1958 United Nations Convention on the Recognition and Enforcement of Foreign …
Converging Trends In Investment Treaty Practice, 38 N.C. J. Int’L & Com. Reg. 151 (2012),
2012
UIC School of Law
Converging Trends In Investment Treaty Practice, 38 N.C. J. Int’L & Com. Reg. 151 (2012), Karen H. Cross
UIC Law Open Access Faculty Scholarship
No abstract provided.
A Case Against Acta,
2012
Mitchell Hamline School of Law
A Case Against Acta, Kenneth L. Port
Faculty Scholarship
The Anti-counterfeiting Trade Agreement (ACTA) is being considered by the Obama Administration as an Executive Order. If signed, this Order will greatly enhance controls placed at the borders of 36 countries to attempt to stop the international flow of so-called counterfeit goods. To remove the social, political and emotional sensitivity, I adopt the value neutral term of “imitative commodity” to describe what some call counterfeits, knockoffs, pirates, etc. This article uses just three manufacturers of luxury status goods to consider whether the ACTA will have positive or negative consequences. It concludes that the data supporting the need for the ACTA …
International Sale Of Goods 2011,
2012
Mitchell Hamline School of Law
International Sale Of Goods 2011, Gregory M. Duhl
Faculty Scholarship
In 2011, U.S. courts analyzed the scope, formation, and remedies provisions of the United Nations Convention on Contracts for the International Sale of Goods (“CISG”). Although the number of cases arising under the CISG is relatively small compared with those under the Uniform Commercial Code (U.C.C.), the cases discussed in this survey remind us that U.S. courts are comfortable in applying the CISG. A comprehensive survey setting forth legal developments in the United States during the past nine years involving the CISG follows the Uniform Commercial Code Survey in this issue of The Business Lawyer. That survey illustrates that the …
Extraterritorial Protection Of Trade Secret Rights In China: Do Section 337 Actions At The Itc Really Prevent Trade Secret Theft Abroad?, 11 J. Marshall Rev. Intell. Prop. L. 523 (2012),
2012
UIC School of Law
Extraterritorial Protection Of Trade Secret Rights In China: Do Section 337 Actions At The Itc Really Prevent Trade Secret Theft Abroad?, 11 J. Marshall Rev. Intell. Prop. L. 523 (2012), Steven E. Feldman, Sherry L. Rollo
UIC Review of Intellectual Property Law
With an ever increasing number of United States ("U.S.") companies conducting business abroad or conducting business with foreign entities there is more need than ever for the U.S. companies to consider how they can protect their intellectual property assets. The Federal Circuit‘s recent TianRui Grp.Co. v. Int’l Trade Comm’n and Amsted Indus. decision highlights the potential of section 337 of the U.S. Patent Act as a tool to prevent the exploitation of misappropriated trade secrets embodied in products that are imported into the United States. This article explores the potential impact of the TianRui decision on business practices abroad, particularly …
Note: Tianrui Group Co. V. International Trade Commission: The Dubious Status Of Extraterritoriality And The Domestic Industry Requirement Of Section 337,
2012
American University Washington College of Law
Note: Tianrui Group Co. V. International Trade Commission: The Dubious Status Of Extraterritoriality And The Domestic Industry Requirement Of Section 337, Viki Economides
American University Law Review
No abstract provided.
