Trade law Part 52 in the United States

547
Intellectual Property Law and the New Morality
Paul Sumpter
New Zealand Business Law Quarterly
Volume 11, Number 2, May 2005    p.216 LAW JOURNAL / LAW REVIEW
Intellectual property law is a western, mainly statute-based, system which creates property rights in particular aspects of ideas and expressions of the human mind. Lately this system has been challenged by groups, compendiously known as “indigenous peoples”, who are campaigning for recognition of aspects of their cultural heritage including their “traditional knowledge”. Initially treated with scepticism by the business community, this challenge is becoming more difficult to ignore. Whilst intellectual property laws throughout the world have become stronger and more uniform through the TRIPs agreement, important inroads into the strictly commercial nature of such laws are now being made. New Zealand, through s17 of the Trade Marks Act 2002 and cl14 of the draft Patents Bill 2004, has given some recognition to indigenous peoples’ rights. The writer suggests that these responses, superficially radical, are relatively modest in scope (so far), that despite opaque justification are scarcely heretical in light of mixed rationale for intellectual property law, and reflect a phenomenon familiar in this field — reaction to the lobby.

548
Law of Trade Marks and Passing Off in Singapore by Tan Tee Jim
Ong, B.
Singapore Journal of Legal Studies
December 2004    p.597-598 LAW JOURNAL / LAW REVIEW

549
CHINESE ENDANGERED SPECIES AT THE BRINK OF EXTINCTION: A CRITICAL LOOK AT THE CURRENT LAW AND POLICY IN CHINA
Charu Sharma
Animal Law
Volume 11, 2005    p.215 LAW JOURNAL / LAW REVIEW
The People’s Republic of China harbors a vast number of plant and animal species, but those species have long been threatened by a thriving illegal trade. China became a signatory to the Convention on International Trade in Endangered Species in 1981 and has since passed a number of wildlife protection laws and regulations in an effort to curb the illegal trade and begin revitalizing some of its nearly-extinct animal populations. This article critically examines China’s legislation and judicial decisions, concluding that much work remains to be done to protect endangered species in China.

550
EXTRATERRITORIAL APPLICATION OF AUSTRALIAN STATUTES PROSCRIBING MISLEADING CONDUCT
Justin Gleeson SC
Australian Law Journal
Volume 79, Number 5, May 2005    p.5 LAW JOURNAL / LAW REVIEW
This article focuses on the extraterritorial application of statutes, especially federal statutes like the Trade Practices Act, which proscribe misleading conduct. It reviews the relevant principles of constitutional law, statutory interpretation and discretion in awarding remedies, with a focus on recent cases. The thesis is that s 52 of the Act is to be given a very broad extraterritorial operation notwithstanding the limitations thought to be imposed by s 296

551
External trade law and the Constitution Treaty: Towards a federal and more democratic common commercial policy?
M. Krajewski
Common Market Law Review
Volume 42, Number 1, February 2005    p.91-127 LAW JOURNAL / LAW REVIEW

552
DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE/INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 3, 2005 LAW JOURNAL / LAW REVIEW

553
Introduction for the Goodwin Seminar Articles: Trade Winds in Caribbean Law Evolution of Legal Norms and Quest for Independent Justice
Jane E. Cross
Nova Law Review
Volume 29, Number 2, Winter 2005    p.131 LAW JOURNAL / LAW REVIEW

554
LINKING RULE OF LAW AND TRADE LIBERALIZATION IN JAMAICA
Rachel J. Anderson
Berkeley Journal of African-American Law & Policy
Volume 7, Issue 1, 2005    p.49 LAW JOURNAL / LAW REVIEW

555
Human Rights and Trade: Inconsistent Application of Treaty Law in the United States
Connie de la Vega
UCLA Journal of International Law and Foreign Affairs
Volume 9, Number 1, Spring/Summer 2004    p.1 LAW JOURNAL / LAW REVIEW

556
The Conflicting International Trade Law Governing Products of Biotechnology: The Case of Biofuels
Laura J. Loppacher
Journal of International Biotechnology Law
Volume 2, Issue 2, March 2005    p.54 LAW JOURNAL / LAW REVIEW

557
THE NATURE OF REMEDIES IN INTERNATIONAL TRADE LAW
Sungjoon Cho
University of Pittsburgh Law Review
Volume 65, Issue 4, Summer 2004    p.763 LAW JOURNAL / LAW REVIEW

558
International Trade Law, Commentary and Materials by Michael Pryles, Jeff Waincymer and Martin Davies
Australian Business Law Review
Volume 33, Number 2, April 2005    p.159 LAW JOURNAL / LAW REVIEW

559
Should United States Antitrust Law be Applied to State Trading Enterprises in Agricultural Trade?
Anna Kingsbury
Drake Journal of Agricultural Law
Volume 9, Number 2, Summer 2004    p.185 LAW JOURNAL / LAW REVIEW

560
Prior Use of Trade Secrets and the Intersection with Patent Law: The Prior User Rights Statute, 35 U.S.C. § 273
THOMAS A. FAIRHALL AND PAUL W. CHURILLA
Federal Circuit Bar Journal
Volume 14, Number 3, 2005    p.455 LAW JOURNAL / LAW REVIEW
Introduction 455, I. Prior User Rights Under 35 U.S.C. § 273–A New Defense to a Claim of Infringement 456, II. Does § 273 Adequately Protect the Investments and Expectations of Prior Users? 467, III. Reforms the Federal Trade Commission has Proposed to Prior User Rights 469, Conclusion 471

561
DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE/INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 2, 2005 LAW JOURNAL / LAW REVIEW

562
[ARTICLES] 150 Years of Patent Office Practice
Lerner, J.
American Law and Economics Review
Volume 7, Issue 1, Spring 2005 LAW JOURNAL / LAW REVIEW

This article examines the administrative practices of the patent offices in 60 countries over a 150-year period, a little explored arena where government bodies and private firms interact. Larger and wealthier countries where international trade is more important give patent applicants more options. In these nations, patent office administrators’ flexibility is often restricted and the responsibility for determining patentability divided between the patent office and the courts. Civil law nations tend to rely solely on the courts to determine patent validity and restrict the discretion of patent office administrators. They also tend to offer patent applicants more options.

563
Free Trade Area of the Americas and the Right to Food in International Law
Caitlin Firer
University of St. Thomas Law Journal
Volume 1, Number 2, Spring 2004    p.1054 LAW JOURNAL / LAW REVIEW