Trade law Part 37 in the United States

401
The less said – the worse: Silence as misleading and deceptive conduct
Frederika De Wilde
Trade Practices Law Journal
Volume 15, Number 1, March 2007    p.7 LAW JOURNAL / LAW REVIEW
Is silence golden under s 52 of the Trade Practices Act 1974 (Cth)? The purpose of this article is to review s 52 where failure to disclose relevant information may constitute an unfair trading practice in certain circumstances. This article provides an in-depth critique of the reasonable expectation test as applied in Demagogue Pty Ltd v Ramensky. It concludes by presenting productive recommendations on the law’s future direction.

402
Ensuring effective competition in rapidly evolving telecommunications markets
Niloufer Selvadurai
Trade Practices Law Journal
Volume 15, Number 1, March 2007    p.27 LAW JOURNAL / LAW REVIEW
Telecommunications markets are characterised by constant and rapid technological change and evolution. It is now 10 years since the present telecommunication competition laws of Pts XIB and XIC of the Trade Practices Act 1974 (Cth) were introduced. During this time, there have been significant changes to networks, infrastructures and business operations. The issue of reform is however gaining the attention of law reformers. In 2005 the government released an issues paper on Telecommunications Competition Regulation. In 2003, the European Union introduced an innovative new framework for the regulation of all electronic communications. This article addresses the topic of the continuing effectiveness of Pts XIB and XIC, and considers the extent to which the government’s issues paper addresses the identified weaknesses of the present regulation. The article analyses the new European regulatory framework to ascertain whether the model is of assistance in designing an effective telecommunications competition regulatory framework for Australia.

403
The Evolution of International Income Tax Law Applied to Global Trade
Cécile Brokelínd
Bulletin of Comparative Labour Relations
Number 60, 2006    p.123 LAW JOURNAL / LAW REVIEW

404
Labour versus the World Trade Organization: The Clash between Economic, International Law, and Labour Law Theories
Lynn Roseberry
Bulletin of Comparative Labour Relations
Number 60, 2006    p.165 LAW JOURNAL / LAW REVIEW

405
Cybersquatting, typosquatting and trade mark law (part 3)
Gerrie Ebersóhn
Journal of South African Law
2006, Number 4    p.766 LAW JOURNAL / LAW REVIEW

406
PLANT PROPERTY RIGHTS AND ENFORCEMENT IN ARGENTINA AND URUGUAY
MIGUEL A. RAPELA and DIEGO A. RISSO
Bio-Science Law Review
Volume 9, Issue 1, 2006/2007    p.6 LAW JOURNAL / LAW REVIEW
In case of infringement of the breeders’ rights in Argentina and Uruguay, the owner can bring a court action by (a) a claim through the trade control authority, (b) filing a complaint in court for infringement of their intellectual property rights, and (c) enforcing the fulfillment of an Extended Royalty System (“the ERS”). The first two options could be efficient, but the first is affected by the operability of the official bodies responsible for the enforcement of the law, and the second is affected by the slowness and knowledge of justice. Through the ERS, however, the elaboration of the proof is easier because the auditing faculty is included in the license contracts, and proof of the infringements arises in these audits. The application of the ERS to soybean in Uruguay has been very successful, but in the case of the soybean crop in Argentina and the wheat crop in both countries, the system has had a relative low success rate. It can be inferred that enforcement through the ERS would be an adequate system for those ‘innovative’ scenarios that bring together a high novelty perception, active incorporation of biotech to germplasm of high quality, and active participation of all players involved. As long as these issues are not achieved, enforcement by the ERS would have fewer or slower possibilities of success. For these ‘ traditional’ scenarios, End Point Royalty Systems could be better. So, a combination of this system with the ERS might be adequate for all scenarios (‘traditional’ plus ‘innovative’).