International Trade law Part 8

 

ECONOMIC WARLORDS: HOW DE FACTO FEDERALISM INHIBITS CHINA’S COMPLIANCE WITH International trade law AND JEOPARDIZES GLOBAL ENVIRONMENTAL INITIATIVES
Gregory H. Fuller
Tennessee Law Review
Volume 75, Number 3, Spring 2008 p.545

Trade Secrets and the Rome II Regulation on the Law Applicable to Non-contractual Obligations
CHRISTOPHER WADLOW
European Intellectual Property Review
Volume 30, Issue 8, 2008 p.309

The second of this pair of articles on the protection of trade secrets in international law considers the likely effect of the forthcoming Rome II Regulation on the applicable law, and concludes that actions to protect trade secrets fall into the generic category of unfair competition, but that in practice the same rules as in tort will apply.

International trade law AND THE ENVIRONMENT: DESIGNING A LEGAL FRAMEWORK TO CURTAIL THE IMPORT OF UNSUSTAINABLY PRODUCED BIOFUEL
STEPHANIE SWITZER
University College Dublin Law Review
Volume 7, 2007 p.1

International Trade law : The Indian Perspective
Nishith Desai
International Journal of Legal Information
Volume 36, Number 2, Summer 2008 p.351

Environmental Damage and the Destruction of Life-Problems that Add a New Balancing Dimension to International Port Access vs. Efficient Trade Under International Law
Leticia M Diaz & Barry Hart Dubner
Barry Law Review
Volume 10, Spring 2008 p.1

INTERNATIONAL Trade law AND THE “CARBON LEAKAGE”PROBLEM: ARE UNILATERAL U.S. IMPORT RESTRICTIONS THE SOLUTION?
Bernd G. Janzen
Sustainable Development Law & Policy
Volume 8, Number 2, Winter 2008 p.22

Bugs, Spies and Paparazzi: Jurisdiction over Actions for Breach of Confidence in Private International Law
CHRISTOPHER WADLOW
European Intellectual Property Review
Volume 30, Issue 7, 2008 p.269

The protection of trade secrets creates unique difficulties when more than one legal system is involved. This article considers the jurisdiction of the English courts over trade secret claims under the EC Jurisdiction Regulation, and concludes that although breach of confidence is an equitable wrong in English law, the tort rules of the jurisdiction Regulation are likely to apply.

Substantial Evidence in the Law of International Trade: Meaningful Judicial Review of Antidumping Actions or Perpetuation of the Yo-Yo Effect?
Bryan A. Edens
Cardozo Public Law, Policy & Ethics Journal
Volume 6, Number 2, Spring 2008 p.431

Heating Up International Trade Law: Challenges and Opportunities Posed by Efforts to Combat Climate Change
Richard G. Tarasofsky
Carbon & Climate Law Review
2008, Number 1 p.7

Border Tax Adjustments and Emissions Trading: The Implications of International Trade Law for Policy Design
Matthew Genasci
Carbon & Climate Law Review
2008, Number 1 p.33

The Black Label: Trade Mark Dilution, Culture Jamming and the No Logo Movement
Matthew Rimmer
SCRIPTed: a Journal of Law, Technology & Society
Volume 5, Issue 1, 2008 p.70-138

This article considers the ongoing debate over the appropriation of well-known and famous trade marks by the No Logo Movement for the purposes of political and social critique. It focuses upon one sensational piece of litigation in South Africa, Laugh It Off Promotions v. South African Breweries International. In this case, a group called Laugh It Off Promotions subjected the trade marks of the manufacturers of Carling Beer were subjected to parody, social satire, and culture jamming. The beer slogan “Black Label” was turned into a T-Shirt entitled “Black Labour/ White Guilt” . In the ensuing litigation, the High Court of South Africa and the Supreme Court of Appeal were of the opinion that the appropriation of the mark was a case of hate speech. However, the Constitutional Court of South Africa disagreed, finding that the parodies of a well-known, famous trade mark did not constitute trade mark dilution. Moseneke J observed that there was a lack of evidence of economic or material harm; and Sachs J held that there is a need to provide latitude for parody, laughter, and freedom of expression. The decision of the Constitutional Court of South Africa provides some important insights into the nature of trade mark dilution, the role of parody and satire, and the relevance of constitutional protections of freedom of speech and freedom of expression. Arguably, the ruling will be of help in the reformation of trade mark dilution law in other jurisdictions such as the United States. The decision in Laugh It Off Promotions v. South African Breweries International demonstrates that trade mark law should not be immune from careful constitutional scrutiny.

DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE/ INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 1, 2008

 

Author: international

Mentioned in these Entries

International trade law, Private International Law, Trade law Part 8, Trade law.