Trade law Part 72

Trade law Part 72

 

758

THE PAST, PRESENT, AND FUTURE OF TRADE SECRETS LAW IN TENNESSEE: A PRACTITIONER’S GUIDE FOLLOWING THE ENACTMENT OF THE UNIFORM TRADE SECRETS ACT
Douglas F. Halijan
University of Memphis Law Review
Volume 32, Number 1, Fall 2001 p.1

LAW JOURNAL / LAW REVIEW

759

The Duty to Exercise Judgment on the Fruitfulness of Actions in World Trade law
Rutsel Silvestre J. Martha
Journal of World Trade
Volume 35, Number 5, October 2001 p.1035

LAW JOURNAL / LAW REVIEW

760

International Law and Trade Agreements: Building A Sustainable Environment in the Hong Kong SAR
Berry F. C. Hsu
Virginia Environmental Law Journal
Volume 20, Number 4, 2001 p.549

LAW JOURNAL / LAW REVIEW

761

THE EVOLUTION OF TRADE SECRET LAW IN TEXAS: IS IT TIME TO RECOGNIZE THE DOCTRINE OF INEVITABLE DISCLOSURE?
Troy A. Martin
South Texas Law Review
Volume 42, Number 4, Fall 2001 p.1361

LAW JOURNAL / LAW REVIEW

762

Doors Widen to the West: China’s Entry in the World Trade Organization Will Ease Some Restrictions on Foreign Law Firms.
Susan E. Vitale
Washington University Journal of Law and Policy
Volume 7, 2001 p.223

LAW JOURNAL / LAW REVIEW

763

FASHION RUNWAYS ARE NO LONGER THE PUBLIC DOMAIN: APPLYING THE Common law RIGHT OF PUBLICITY TO HAUTE COUTURE FASHION DESIGN
Samantha L. Hetherington
Hastings Communications and Entertainment Law Journal (Comm/Ent)
Volume 24, Number 1, Fall 2001 p.43

LAW JOURNAL / LAW REVIEW

Under present United States intellectual property law, clothing design is not protected by federal copyright, trademark/trade dress, or patent law. In fact, design Piracy is sanctioned, if not encouraged. This article analyzes current intellectual property law and its failure to afford protection for clothing design. The author proposes that the doctrine of the right of publicity or personality could be applied to haute couture.

764

Giving Meaning to New Trade-Linked “Soft Law”Agreements on Social Values: A Law-in-Action Analysis of NAFTA’s Environmental Side Agreement
Jonathan Graubart
UCLA Journal of International Law and Foreign Affairs
Volume 6, Number 2, Fall/Winter 2001-2002 p.425

LAW JOURNAL / LAW REVIEW

765

COMPULSORY LICENSING OF PHARMACEUTICALS UNDER TRIPS: WHAT STANDARD OF COMPENSATION?
Susan Vastano Vaughan
Hastings International and Comparative Law Review
Volume 25, Number 1, Fall 2001 p.87

LAW JOURNAL / LAW REVIEW

Harmonization of international intellectual property laws has been the object of considerable recent effort under both public international law and International trade law . The GATT Uruguay Round Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) resulted in significant steps toward harmonization. The proper application of compulsory licensing of Patents under TRIPS has been the subject of much early debate. Proposed standards of compensation have been wildly divergent, reflecting the conflicting policy concerns of developed and developing nations. This Note provides an overview of the conflict between developed and developing nations over the proper reach of intellectual property rights. It then briefly discusses the evolution of international intellectual property regulations, with a focus on Patents . The Note defines and describes international regulation of compulsory licenses under TRIPS, and examines current national compulsory licensing statutes. The author discusses some proposed standards of compensation for compulsory licenses, and concludes with recommendations as to the appropriate approach to defining the standard of compensation for compulsory licenses under TRIPS.

766

Lawyers for China: The Impact of Membership of the World Trade Organization on Legal Services and Law in China
Christopher Arup
Journal of World Intellectual Property
Volume 4, Number 5, September 2001 p.741-765

LAW JOURNAL / LAW REVIEW

767

Petersmann (ed.): International trade law and the GATT/WTO dispute settlement system
Peter Daview
International Journal of Evidence and Proof
Volume 5, Number 3, 2001 p.211

LAW JOURNAL / LAW REVIEW

768

WAL-MART STORES, INC. v. SAMARA BROS., INC.; IS THE EXPANSION OF TRADE DRESS LAW FAR ENOUGH?
Jill Sundberg
St. Louis University Public Law Review
Volume 20, Number 2, 2001 p.417

LAW JOURNAL / LAW REVIEW

769

Who Preempted the Massachusetts Burma Law? Federalism and Political Accountability Under Global Trade Rules
Robert Stumberg and Matthew C. Porterfield
Publius: The Journal of Federalism
Volume 31, Number 3, Summer 2001 p.173-204

LAW JOURNAL / LAW REVIEW

770

ONLINE DISPUTE RESOLUTION SYSTEMS: THE FUTURE OF CYBERSPACE LAW
Lan Q. Hang
Santa Clara Law Review
Volume 41, Number 3, 2001 p.837

LAW JOURNAL / LAW REVIEW

Every day millions of people enter cyberspace to conduct business, send messages, and gather information. Electronic commerce (“e-commerce”) is one of many things that draws people to cyberspace, as evidenced by the frequent traffic to commercial web sites. As the number of online users grows, so will the potential for dispute. A way to resolve the legal issues concerning the Internet is to implement a system that will recognize the distinctive legal aspects of cyberspace. This idea comes from a system of medieval Europe, where a board made up of merchants, called the Law Merchant, presided over disputes arising from medieval trade fairs, using the standards developed by customary trade practices. Similarly, a “Law Merchant”for cyberspace, or Online Dispute Resolution Systems (“ODRS”), may draw upon customary practices developed in cyberspace to resolve disputes. There are already a number of sites on the Internet that resolve online disputes, with varying degrees of success. These web sites fall into two categories: online alternative dispute resolution (“ADR”) or mediation and settlement mechanisms. The sites offering traditional forms of dispute resolution (i.e., ADR and mediation) use e-mail correspondence, real time chat, and arbitrators/mediators experienced in both dispute resolution and online communication. Settlement mechanisms are often fully automated so that parties to a dispute rarely have to involve actual third parties. Online dispute resolution presents a realistic and practical solution to the growing needs of the Internet community. ODRS is an alternative to taking one’s dispute from the place where it started to a legal system ill-equipped to handle such cases. It offers fast, convenient, and cheap service, the hallmark of doing business online. The existing sites try to meet that demand, but must first overcome a number of problems. The ultimate factor of whether ODRS will succeed will be their acceptance by the virtual community.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Common law, Foreign Law, International trade law, Patents, Piracy, Trade law.


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