Trade law Part 57

Trade law Part 57

 

601

Book Reviews and Notices
Irish Jurist
Volume 38, 2003 p.393

LAW JOURNAL / LAW REVIEW

Hood, The Death Penalty, A Worldwide Perspective; O’Leary, Employment Law at the European Court of Justice. Judicial Structures, Policies and Processes; Dillon, International Trade and Economic Law and the European Union; Mousourakis, The Historical and Institutional Context of Roman Law; Laurie, Genetic Privacy: A Challenge to Medico-Legal Norms; Healy, with a biographical introduction by Charles Lysaght, The Old Munster Circuit; Asouzu, International commercial arbitration and African States: Practice, Participation, and Institutional Development; Markesinis and Unberath, The German Law of Torts, A Comparative Treatise; Steiner, French Legal Method; Kilcommins and O’Donnell (eds), Alcohol, Society and Law; Lynch-Fannon, Working Within Two Kinds of Capitalism

602

Enforceability of the People’s Republic of China’s Trade Secret Law: Impact on Technology Transfer in the PRC and Preparing for Successful Licensing
Nathan Greene
IDEA: The Intellectual Property Law Review
Volume 44, Number 3, 2004 p.437

LAW JOURNAL / LAW REVIEW

603

Safeguard Measures in World Trade: The Legal Analysis by Yong-Shik Lee Kluwer Law International, 2003
JOANNA GOMULA
World Trade Review
Volume 3, Issue 2, July 2004 p.335-339

LAW JOURNAL / LAW REVIEW

604

TO PROMOTE INNOVATION: THE PROPER BALANCE OF COMPETITION AND PATENT LAW AND POLICY, EXECUTIVE SUMMARY – The Federal Trade Commission
Berkeley Technology Law Journal
Volume 19, Number 3, Summer 2004 p.861

LAW JOURNAL / LAW REVIEW

605

Examining the FTC’s 2003 Proposed Reforms to U.S. Patent Law in View of the Present Legal Landscape
Robert A. Matthews, Jr.
Virginia Journal of Law & Technology
Volume 9, Issue 3, Summer 2004

LAW JOURNAL / LAW REVIEW

In October of 2003 the United States Federal Trade Commission (“FTC” ) released a report assessing the impact of the United States’ patent system on competition and innovation. The report concluded that the patent system, in its present state, fosters innovation and competition when valid Patents are considered. In the FTC’s view, however, the patent system fails to provide adequate mechanisms for challenging and removing Patents of questionable validity. This Article summarizes the FTC’s recommendations for patent reform and examines them to determine the extent, if any, to which the proposals depart from current law. The FTC proposed that Congress make the evidentiary standard for all invalidity challenges a mere preponderance of the evidence. In addition, the FTC focused on two aspects of obviousness. First, the FTC was concerned that the Federal Circuit applies too rigid a standard in terms of the level of detail required to find a teaching, motivation, or suggestion to combine or modify prior-art references. Second, the FTC questioned the Federal Circuit’s presumed nexus between the commercial success of an invention and its nonobviousness. Other proposed reforms include establishing a prior-user defense for infringement suits based on broad claims in a continuation application and replacing the current inter partes reexamination proceeding with a post-grant review proceeding. Perhaps the FTC’s proposed reforms will make challenging patents easier, but it appears that some of the proposed reforms will actually weaken the patent system, therefore harming, rather than promoting, innovation.

 

606

The Reliance Interest in Trade law
Daniel A. Farber
Minnesota Journal of International Law
Volume 13, Number 2, Summer 2004 p.173

LAW JOURNAL / LAW REVIEW

607

Secrecy, Monopoly, and Access to Pharmaceuticals in International trade law : Protection of Marketing Approval Data Under the TRIPs Agreement
Aaron Xavier Fellmeth
Harvard International Law Journal
Volume 45, Number 2, Summer 2004 p.443

LAW JOURNAL / LAW REVIEW

608

Global Trade Law: Present At the Creation
E. Thomas Sullivan
Minnesota Journal of International Law
Volume 13, Number 2, Summer 2004 p.199

LAW JOURNAL / LAW REVIEW

609

Choi, Won-Mog. ‘Like Products’ in International trade law : Towards a Consistent GATT/WTO Jurisprudence
Steve Charnovitz
American Journal of International Law
Volume 98, Number 3, July 2004 p.610

LAW JOURNAL / LAW REVIEW

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

International commercial arbitration, International trade law, Patents, Trade law.


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