Trade law Part 7

Trade law Part 7 in the United States

63
Substantive and procedural facets of honest concurrent use in South African trade mark law
Wim Alberts
South African Law Journal
Volume 127, Number 2, 2010    p.339 LAW JOURNAL / LAW REVIEW

64
Law and Economics of Contingent Protection in International Trade edited by Kyle W. Bagwell, George M. Bermann, and Petros C. Mavroidis Cambridge, UK: Cambridge University Press, 2009
Michael O. Moore
World Trade Review
Volume 9, Issue 4, October 2010    p.675 – 679 LAW JOURNAL / LAW REVIEW

65
European Film Policies in EU and International Law: Culture and Trade-Marriage or Misalliance? by Dr. Anna Herold
David Lewisohn
Entertainment Law Review
Volume 21, Issue 7, 2010    p.292 LAW JOURNAL / LAW REVIEW

66
Constitutional Law—Court of International Trade Holds Article III Standing Not Required to Intervene in Existing Litigation—Canadian Wheat Board v. United States, 637 F. Supp. 2d 1329 (Ct. Int’l trade 2009)
Suffolk University Law Review
Volume 43, Number 4, 2010    p.1023 LAW JOURNAL / LAW REVIEW

67
Copyright: White eagles, national symbols and domestic trade mark law
Michał Kruk
Journal of Intellectual Property Law & Practice
Volume 5, Number 10, October 2010    p.682-684 LAW JOURNAL / LAW REVIEW

68
The Interface between Trade, Law and Politics and the Erosion of Normative Power Europe: Comment on Brita
Guy Harpaz and Eyal Rubinson
European Law Review
Volume 35, Number 4, August 2010    p.551 LAW JOURNAL / LAW REVIEW

69
Bilateral Investment Treaty and Free Trade Agreement: the Hasemite Kingdom of Jordan and the United States
Abdullah Nawafleh
International Company and Commercial Law Review
Volume 21, Issue 8, 2010    p.289 LAW JOURNAL / LAW REVIEW
This article reviews the Free Trade Agreement and Bilateral Investment Treaty between the United States and Jordan and explores their implications for the Jordanian business legal environment. The article illustrates that Jordanian laws and their administration and enforcement mechanism have been regularly tested by the application of the Free Trade Agreement and Bilateral Investment Treaty with the United States. In addition, the Government of Jordan has been under consistent pressure to create efficient mechanisms for law administration and enforcement. The article also provides evidence which shows that US foreign direct investment into Jordan has continued to grow in the period since the signing of the Free Trade Agreement and Bilateral Investment Treaty.

70
Trade Mark Law And Sharing Names: Exploring Use Of The Same Mark By Multiple Undertakings By Ilanah Simon Fhima (ed)
Reviewed by Abdallah Ziadat
SCRIPTed: a Journal of Law, Technology & Society
Volume 7, Issue 2, 2010    p.419-420 LAW JOURNAL / LAW REVIEW

71
The Intellectual Property Implications of Low-Cost 3D Printing
Simon Bradshaw, Adrian Bowyer and Patrick Haufe
SCRIPTed: a Journal of Law, Technology & Society
Volume 7, Issue 1, 2010    p.5-31 LAW JOURNAL / LAW REVIEW
In the late 1970s 3D printing started to become established as a manufacturing technology. Thirty years on the cost of 3D printing machines is falling to the point where private individuals in the developed world may easily own them. They allow anyone to print complicated engineering parts entirely automatically from design files that it is straightforward to share over the Internet. However, although the widespread use of 3D printers may well have both economic and environmental advantages over conventional methods of manufacturing and distributing goods, there may be concerns that such use could be constrained by the operation of intellectual property (IP) law. This paper examines existing IP legislation and case law in the contexts of the possible wide take-up of this technology by both small firms and private individuals. It splits this examination into five areas: copyright, design protection, patents, trade marks, and passing off. Reassuringly, and perhaps surprisingly, it is concluded that – within the UK at least – private 3D printer owners making items for personal use and not for gain are exempt from the vast majority of IP constraints, and that commercial users, though more restricted, are less so than might be imagined.

72
Creating an Innovation Exception? Copyright Law as the Infrastructure for Innovation
Dilan Thampapillai
SCRIPTed: a Journal of Law, Technology & Society
Volume 7, Issue 1, 2010    p.104-134 LAW JOURNAL / LAW REVIEW
Innovation is clearly essential for economic growth, cultural development and personal autonomy. Yet the relationship between innovation and copyright law in Australia is uncertain and perhaps overly restrictive. After the Australia-United States Free Trade Agreement Australia now has a copyright regime that can broadly be described as a lock up and lock out scheme. Whilst the Australian Government has paid lip service to innovation the Australian Copyright Act, which provides the essential legal infrastructure for innovation, now privileges the rights of owners over the interests of the public. In particular, the Copyright Act neglects to create a specific exception for technology innovation. If there is to be some coherence in Australia thinking with regards to innovation and copyright policy it is crucial that such an exception be created. Arguably, it is possible that such an exception can withstand the scrutiny of the three step test. At present the only ‘exception’ that can be said to exist is in the form of the limits of the authorisation liability provisions or the ISP safe harbour scheme. Australian copyright law needs something more substantial than that and needs for there to be a clear hierarchy between the exceptions and the liability provisions.

73
INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 5, 2009 LAW JOURNAL / LAW REVIEW

74
The Concept ‘Similar Goods’ in Trade-mark Law
Roshana Kelbrick
South African Mercantile Law Journal
Volume 21, Number 4, 2009    p.535 LAW JOURNAL / LAW REVIEW


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