Trade law Part 11

Biomedical innovation: How compulsory is competition?
Jane Nielsen
Australian Business Law Review
Volume 38, Number 2, April 2010 p.100

There are difficulties in determining whether innovation is best served through facilitating upstream or downstream innovation, an issue that is particularly pertinent in cumulatively-structured, high technology industries. This article examines issues associated with seeking access where it is not voluntarily granted, and does so in the context of the biomedical industry. Impinging on the exclusive right to practice an invention involves complex considerations at the intersection between intellectual property and competition law. An amendment to s 133 of the Patents Act 1990 (Cth) introduced a competition ground as a basis for making application for a compulsory licence. This article examines whether the amendment will make the compulsory licensing provisions more effective, by analysing the difficulties likely to be faced in establishing a refusal to license a patent constitutes a breach of s 46 of the Trade Practices Act 1974 (Cth), and evaluating the potential efficacy of seeking a compulsory licence under the Patents Act 1990 (Cth) as opposed to the Trade Practices Act 1974 (Cth).

LIMITATION OF ACTIONS AND PRICE-FIXING CARTELS
Perry Herzfeld
Australian Law Journal
Volume 84, Number 4, April 2010 p.254

This article considers the extent to which members of price-fixing cartels, sued for damages by consumers under s 82(1) of the Trade Practices Act 1974 (Cth), can rely upon the limitation period in s 82(2). It first considers when the cause of action accrues, concluding that it can accrue before a cartel is discovered. Secondly, it argues that equitable and Common law doctrines do not prevent cartel members relying on the limitation period. Thirdly, it explains why s 87(1) cannot be used to circumvent the expiry of the limitation period. Finally, it concludes that the Act should be amended to delay commencement of the limitation period, at least in the case of breaches of Pt IV, where the action is based on fraud or the right of action is concealed by fraud, until the plaintiff discovers the fraud or could with reasonable diligence have discovered it.

Trade and Culture in International Law: Paths to (Re)conciliation
Mira Burri-Nenova
Journal of World Trade
Volume 44, Number 1, February 2010 p.49

Trade and the Environment: Fundamental Issues in International Law, WTO Law and Legal Theory By Erich Vranes Oxford: Oxford University Press, 2009
LUDIVINE TAMIOTTI
World Trade Review
Volume 9, Issue 1, January 2010 p.285-288

e-Discovery and Trade Secrets Law: Limitations on Discovery
Scott A. Carlson and Patrick E. Zeller
Landslide
Volume 2, Number 4, March/April 2010 p.7

In trade secrets litigation, e-discovery can present an extraordinary challenge. ? party requesting the inspection of computer records is often looking for its trade secrets and related evidence on its opponent’s computers. Inevitably the opponent will say, “Wait a minute: our trade secrets are on there.”Such is the tension that courts and parties face when e-discovery law meets trade secrets law.

Cross-Border Exchange of Music Content and Trade Secrets: A View from Japanese Private International Law
Dai Yokomizo
Journal of Japanese Law
Volume 14, Number 28, Fall 2009 p.165

IN SEARCH OF THE TRADE-MARK CASES: THE NASCENT TREATY POWER AND THE TURBULENT ORIGINS OF FEDERAL TRADEMARK LAW
Zvi S. Rosen
St. John’s Law Review
Volume 83, Number 3, Summer 2009 p.827

Author: international

Mentioned in these Entries

Common law, Patents, Private International Law, Trade law.