Trade law Part 45 in the United States

481
Neither Head nor Tail: the Confused Application of EC Competition Law to the Pharmaceutical Sector
ANTHONY DAWES
European Competition Law Review
Volume 27, Issue 5, May 2006    p.269 LAW JOURNAL / LAW REVIEW
The article discusses the missed opportunity in the Syfait case to offer some much needed clarity on the application of Art.82 to parallel trade in the pharmaceutical sector.

482
Rule-Based Dispute Resolution in International Trade Law
Rachel Brewster
Virginia Law Review
Volume 92, Number 2, April 2006    p.251 LAW JOURNAL / LAW REVIEW

483
The Facts Aside: The Limitation of World Trade Tania Voon and Organization Appeals to Issues of Law
Alan Yanovich
Journal of World Trade
Volume 40, Number 2, April 2006    p.239 LAW JOURNAL / LAW REVIEW

484
Hard Choices, Soft Law: Voluntary Standards in Global Trade, Environment and Social Governance
Professor Benjamin J. Richardson
Environmental Law Review
Volume 8, Number 1, 2006    p.83 LAW JOURNAL / LAW REVIEW

485
Islamic Law and Free Trade: Compatibility and Convergence,
Bashar H. Malkawi
Journal of Islamic State Practices in International Law
Volume 2, Issue 1, 2006    p.37-54 LAW JOURNAL / LAW REVIEW

486
NAFTA’s Legacy: An Explanation of Why the Free Trade Area of the Americas is Good for International Environmental Law
Scott Wilson
Temple Journal of Science, Technology & Environmental Law
Volume 24, Number 2, Fall 2005    p.551 LAW JOURNAL / LAW REVIEW

487
Cross-border Internet Trade Mark Litigation: Towards a Model of Co-existence and Parallel Use
RICHARD GARNETT
European Intellectual Property Review
Volume 28, Issue 4, April 2006    p.213 LAW JOURNAL / LAW REVIEW
One consequence of the internet has been a rise in cross-border trademark disputes where a party in one country has global domain name rights which clash with the domestic trademark rights of a party in another country. A national court, in deciding whether to apply its law and jurisdiction to a foreign party in such a dispute, should take into account and balance the interests of both parties so as to allow co-existence and parallel use of the competing marks where possible.

488
Significant 2005 case law on the Community trade mark from the Court of First Instance, the European Court of Justice and OHIM
Arnaud Folliard-Monguiral and David Rogers
Journal of Intellectual Property Law & Practice
Volume 1, Number 5, April 2006    p.315-331 LAW JOURNAL / LAW REVIEW

489
Navigating the rocky waters of trade mark law
Michael Edenborough
Journal of Intellectual Property Law & Practice
Volume 1, Number 5, April 2006    p.363-364 LAW JOURNAL / LAW REVIEW

490
Focus On – Trade-dress law
Federal Lawyer
Volume 53, Number 3, March/April 2006    p.24 LAW JOURNAL / LAW REVIEW

491
SPECIAL ISSUE: Patent Protection of Plant-Related Innovations – Facts and Issues
Bio-Science Law Review
Volume 8, Issue 2, 2005/2006 LAW JOURNAL / LAW REVIEW
This is a special issue of Bio-Science Law Review, which carries edited papers of the ISF International Seminar held in Copenhagen in 2006. The International Seed Federation represents the mainstream of seed trade and the plant breeding community in the world. It is a non-governmental, non-profit organization representing the seed industry. With members spread over 68 developed countries on all continents, ISF serves as an international forum where issues of interest to the seed industry are discussed. ISF promotes the establishment and protection of intellectual property rights for seeds, plant varieties and associated technologies, which follow from research investments in plant breeding plant biotechnology, seed technology and related subjects. It facilitates the marketing and of planting seeds and other reproductive materials by publishing rules for trading seed and licensing technology. These rules clarify and standardize contractual relations between buyers and sellers at the international level. The settlement of disputes is also provided for through mediation, conciliation and/or arbitration. Arbitrations Chambers exist in many ISF member countries. For more information on ISP see www.worldseed.org

492
Dilution Down Under: The Protection of Well-Known Trade Marks in Australia
MAURICE GONSALVES AND PATRICK FLYNN
European Intellectual Property Review
Volume 28, Issue 3, March 2006    p.174 LAW JOURNAL / LAW REVIEW
Some commentators have suggested that Australian trade marks legislation does not provide an “anti-dilution” remedy for well-known trade marks. This article argues that, contrary to those suggestions, 120(3) of the Trade Marks Act 1995 (Cth) does provide broad anti-dilution protection. The argument is supported by reference to the legislative history, judicial consideration of the section, and EU and US dilution law.

493
Comparative Advertising and Intellectual Property Rights
PAUL STEPHENSON
European Intellectual Property Review
Volume 28, Issue 3, March 2006    p.182 LAW JOURNAL / LAW REVIEW
The author reviews the case law connected with comparative advertising since the introduction of the permissive approach to the subject by the Trade Marks Act 1994 and explains that other torts need to be considered including injurious falsehood, passing off and copyright infringement. The writer notes the dichotomy that apparently exists on the topic between registered trade mark rights and the statutory regime under the Copyright, Designs and Patents Act 1998 and suggests that the law of comparative advertising and copyright infringement may need to be revisited to keep the law of the United Kingdom in harmony with European Directives.