Trade law Part 4

Trade law Part 4 in the United States

34
Is it an Infringement of Trade Mark Law for the Operator of an Online Marketplace (such as eBay) to Allow Counterfeit Goods to be Sold? As a Matter of Policy, Should it Be?
ANNEKA BAIN
European Intellectual Property Review
Volume 33, Issue 3, 2011    p.162 LAW JOURNAL / LAW REVIEW
This article explores the key issues surrounding contributory liability on the part of internet service providers—in particular online marketplaces—for trade mark infringement, and analyses recent decisions of European and US national courts to highlight the lack of, and perhaps need for, a workable consensus in approach to a complex and increasingly important area of intellectual property law.

35
DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE/INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 2, 2010 LAW JOURNAL / LAW REVIEW

36
Domain names and trade mark use: A consideration of the recent Australian case law
Australian Business Law Review
Volume 39, Number 1, February 2011    p.47 LAW JOURNAL / LAW REVIEW

37
Select Articles on International Economic & Trade Law, Law of the Sea, and Arbitration
Meenakshi Bhan
Indian Journal of International Law
Volume 5, Number 2, April-June 2010    p.317 LAW JOURNAL / LAW REVIEW

38
Study on the contest between free trade and trade protection in the current global economic recession: A perspective of public international law
Xueping Li
Frontiers of Law in China
Volume 6, Number 1, March 2011    p.17-34 LAW JOURNAL / LAW REVIEW

39
Pragmatism Rules Legal Foundation of China and European Union Relations
KIM VAN DER BORGHT AND LEI ZHANG
International Trade Law & Regulation
Volume 16, Issue 3, 2010    p.69 LAW JOURNAL / LAW REVIEW
The relationship between China and the European Union has evolved well beyond the old trade agreement that has been the legal basis for their trade relationship since 1985. In the relationship, the European Union is balanced between a Parliament driven by principles but disconnected from their effective daily implementation and the pragmatism of the Commission looking for a realistic ambition of marrying the values and interests of the Union but hampered by Member States with a keen eye for their individual interests. China, being generally favourable towards a stronger relationship with a stronger EU, uses the weaknesses inherent in such a balancing act to knead the relationship according to its interests and objectives. This article shows how law is used in this relationship by a mixture of legal instruments that combine flexibility, respect and realism.

40
Pharmaceutical Patent Protection and Section 3(D): A Comparative Look at India and the U.S.
Susan Fyan
Virginia Journal of Law & Technology
Volume 15, Issue 2, Fall 2010    p.198 LAW JOURNAL / LAW REVIEW
India is an important emerging market for the pharmaceutical industry, with a large population, significant unmet medical need, and a growing middle class representing a large potential pool of consumers for innovative medicines. Nestled within India’s statutory patent regime is a provision governing patenting of new forms of known drug substances that is unique among member countries to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). This paper advances the idea that the provision known as Section 3(d) is ambiguously drafted and provides insufficient advance guidance to innovators. This paper will discuss relevant Indian case law, as well as associated implications for pharmaceutical innovator companies. Also presented is a comparative analysis of the historical treatment of Section 3(d)-type issues under U.S. law and discussion about possible future developments in non-obviousness jurisprudence related to pharmaceutical forms in the post-KSR world.

41
Trade Policy Flexibility and Enforcement in the WTO: A Law and Economic Analysis
DAVID A. GANTZ AND IHN HO UHM
International Trade Law & Regulation
Volume 16, Issue 3, 2010    p.83 LAW JOURNAL / LAW REVIEW


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