Trade law Part 69

Injunctive Relief in the Internet Age: The Battle Between Free Speech and Trade Secrets
Adam W. Johnson
Federal Communications Law Journal
Volume 54, Number 3, May 2002 p.517

The information revolution has led to technological innovations in the movement, storage, and dissemination of information. The Internet allows a person, with good or bad intent, to distribute information to millions of people. This ability raises serious implications when trade secret information is the subject of Internet postings. Once a trade secret becomes publicly available, it loses its legal secrecy, and special legal protection. Additionally, competitors and everyone else on the Internet can gain access to the information. For those who rely on trade secret protection to guard their inventions, this presents a growing concern. This Note will illustrate the void in trade secret protection arising from the conflicting goals of trade secret law and the First Amendment. This void has allowed third parties to post trade secret information, often procured through inappropriate means or in violation of a duty to maintain secrecy. Part II of the Note sets out the basic frameworks of trade secret and First Amendment law as they apply in these circumstances. Part III examines both sides of this conflict, including the means of resolution used in cases like Ford Motor Co. v. Lane. Part IV explains why injunctive relief should be permitted in trade secret cases when a third party has obtained information from an employee, in violation of a duty of confidentiality. This Note concludes that, because of the gap that has emerged in trade secret protection, courts should begin to allow trade secret owners injunctive relief. This relief will mitigate damages when third parties have, through inappropriate means or an employee’s wrongful disclosures, obtained confidential trade secret information.

SACRIFICING BURMA TO SAVE FREE TRADE: THE BURMA FREEDOM ACT AND THE WORLD TRADE ORGANIZATION
Adrienne S. Khorasanee
Loyola of Los Angeles Law Review
Volume 35, Number 4, June 2002 p.1295

This Note was inspired by the proposed Burma Freedom Act, which seeks to impose trade sanctions against Burma, a country notorious for its human rights violations. The bill follows a similar Massachusetts law, which was declared unconstitutional. This Note explores the government’s motivation in adopting such legislation, as well as its constitutionality. It further examines the World Trade Organization’s stance on trade and its potential opposition to this Act. This Note promotes a broader, more encompassing humanitarian perspective when considering the United States’ role in the global market. It points to a realization that the world is full of agencies that support boycotts, and one agency that does not, but claims to have the final word — the WTO.

International trade law , Political Economy and Rules of Origin – A Plea for a Reform of the WTO Regime on Rules of Origin
Moshe Hirsch
Journal of World Trade
Volume 36, Number 2, April 2002 p.171

J. H. Dalhuisen: Dalhuisen on International Commercial, Financial and Trade law
Jane K. Winn
American Journal of Comparative Law
Volume 50, Number 2, Spring 2002 p.445

Poverty, Islam, and Doha: Unmet Challenges Facing American Trade Law
Raj Bhala
International Lawyer
Volume 36, Number 1, Spring 2002 p.159

Panos Koutrakos, Trade, Foreign Policy and Defence in EU Constitutional Law
Columbia Journal of European Law
Volume 8, Number 2, Spring 2002 p.367

The Maryland Uniform Trade Secrets Act: A Critical Summary of the Act and Case Law
Milton E. Babirak, Jr.
University of Baltimore Law Review
Volume 31, Number 2, Spring 2002 p.181

Enter the Dragon: China’s WTO Accession, Film Piracy and Prospects for the Enforcement of Copyright Laws
Brent T. Yonehara
UCLA Entertainment Law Review
Volume 9, Issue 2, Spring 2002 p.389

China’s recent accession into the World Trade Organization provides the nation with an opportunity to become the next major, economic power but also the burden of abiding by international Treaties dealing with various intellectual property protections. Brent T. Yonehara explores the challenge that will lie ahead for China due to its historical and cultural indifference toward Piracy and the existing inefficient system of copyright law enforcement. Along the way, he discusses some actions that China and the United States can pursue in order to ease China’s transition while protecting the American film industry.

Salvaging Trade, Economic and Political Relations with Mexico in the Aftermath of the Terrorist Attacks: A Call for a Reevaluation of U.S. Law and Policy
Hale E. Sheppard
Boston University International Law Journal
Volume 20, Number 1, Spring 2002 p.33

Knowledge-Economy à‰lites, the International Law of Intellectual Property and Trade, and Economic Development
Michael P. Ryan
Cardozo Journal of International & Comparative Law
Volume 10, Number 1, Spring 2002 p.271

Author: international

Mentioned in these Entries

International trade law, Piracy, Trade law, Treaties, country.