Trade law Part 47

International Competition Law and Regional Trade Agreements,
Peter Hilpold
Manchester Journal of International Economic Law
Volume 2, Issue 3, 2005 p.82-93

AUSTRALIA – Relaxation of Patent Certificate Requirements for Registration of Therapeutic Goods – UNITED KINGDOM – Patents – Industrial Application of Gene-based Inventions in the United Kingdom clarifies by the UK Patent Office Patents – The Enforcement Directive in the UK and damages in patent actions – ???? – Biosimilars – EUROPEAN COMMISSION – Competition Law – delaying generic drug entry and the restriction of parallel trade – the AstrZeneca Decision – WTO – GMO update EU’s de facto moratorium
Bio-Science Law Review
Volume 8, Issue 1, 2005/2006 p.37

Institutional Choice in the Generalized System of Preferences Case: Who Decides the Conditions for Trade Preferences? The Law and Politics of Rights
Gregory Shaffer and Yvonne Apea
Journal of World Trade
Volume 39, Number 6, December 2005 p.977

Fifth Avenue and the Patent Lawyer: Strategies for Using Design Patents to Increase the Value of Fashion and Luxury Goods Companies
Scott D. Locke
John Marshall Review of Intellectual Property Law
Volume 5, Issue 1. Fall 2005

Design patents occupy a peculiar niche in intellectual property law. For instance, they are different from copyrights in that an accused infringer has no defense of independent creation, different from utility patents in that there is no prerequisite of a useful function, and different from trade dress in that there is no issue of secondary meaning. Design patents also contain only one claim, which makes the applicant’s drafting task particularly challenging–she must strike a delicate balance between claiming broad protection and establishing novelty. Furthermore, in litigation, the design patent plaintiff must satisfy two tests of infringement: the ordinary observer and point of novelty tests. This article provides an overview of important aspects of design patent prosecution and litigation that will enable an Attorney to increase the value of a client’s creative designs.

The New Challenges to the International Patentability of Biotechnology: Legal Relations Between the WTO Treaty on Trade-Related Aspects of Intellectual Property Rights and the Convention on Biological Diversity
Jonathan Curci
Brigham Young University International Law & Management Review
Volume 2, Number 1, Winter 2005

Since the treaty on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization Agreement internationalized the patentability of living forms, the international community has engaged a lively debate on the interstate exchange of biological diversity and the benefit sharing thereof. This controversy concerns the well-known opposition between industrialized and developing countries. The latter, rich in biological resources, must provide patents for the exclusive rights to products or processes based upon raw material allegedly misappropriated from their countries by private corporations from industrialized countries. The author analyzes the legal conflicts between intellectual property Treaties and the Convention on Biological Diversity (CBD) and TRIPS. He then utilizes the rules of treaty interpretation under the 1969 Vienna Convention on the Law of Treaties to suggest ways in which parties to both bodies of law can interpret and implement them in a mutually supportive manner. Finally, the author outlines the current WTO Members’ opposing positions and reviews the TRIPS Agreement as appropriate in leading future WTO Ministerial Conferences.

CODDLING SPIES: WHY THE LAW DOESN’T ADEQUATELY ADDRESS COMPUTER SPYWARE
Alan F. Blakley, Daniel B. Garrie, Matthew J. Armstrong
Duke Law & Technology Review
Volume 2005, Articles 22-26

2005 Duke L. & Tech. Rev. 0025 – Consumers and businesses have attempted to use the Common law of torts as well as federal statutes like the Computer Fraud and Abuse Act, the Stored Wire and Electronic Communications and Transactional Records Act, and the Wiretap Act to address the expanding problem of spyware. Spyware, which consists of software applications inserted into another’s computer to report a user’s activity to an outsider, is as innocuous as tracking purchases or as sinister as stealing trade secrets or an individual’s identity. Existing law does not address spyware adequately because authorization language, buried in “click-through”boilerplate, renders much of current law useless. Congress must act to make spyware companies disclose their intentions with conspicuous and clearly-stated warnings.

Author: international

Mentioned in these Entries

Attorney, Common law, Convention on Biological Diversity, Patents, Trade law, Treaties.