Development International Law – Part 9

Riding the Tiger: A Comparison of Intellectual Property Rights in the United States and The People’s Republic of China
Crane, Jennifer A.
Chicago-Kent Journal of Intellectual Property
Volume 7, Issue 2, Spring 2008 p.95

The United States’ intellectual property system developed from internal pressure to protect the ownership rights of citizens. In contrast, China’s budding system resulted from external Treaties . The current United States’ regime is responsive to owners’ rights while China’s system allows the government plausible deniability, enabling international intellectual property owners to have paper rights without any providing any effective enforcement procedure. The comparison of these systems demonstrates that despite any written law, intellectual property systems only become potent when it becomes domestically beneficial. It is the selfish desire to strengthen its own economy that motivates a country ‘s formation of an intellectual property rights system. This paper will explore the development of the United States’ intellectual property rights system and China’s underlying cultural resistance, furthered by the current communist regime, to the granting and protecting of intellectual property rights. Next, I shall seek to investigate the international pressures that influenced China’s present intellectual property rights system as well as the operation of current Chinese intellectual property rights protection. Finally, this effort will compare the functioning of early American intellectual property protection with the modern Chinese system to provide insight as to if and when China will effectively enforce intellectual property rights domestically.

Is Development a Lost Paradise? Trade, Environment, and Development: Triadic Dream of International Law
Upendra D. Acharya
Alberta Law Review
Volume 45, Number 2, November 2007 p.401

The Development of Human Rights Law by the Judges of the International Court of Justice , Shiv R S Bedi
Sandesh Sivakumaran
Australian Year Book of International Law
Volume 26, 2007 p.207

The story of the CSS (“Daar kom die …”) Alabama : some legal aspects of her visit to the Cape of Good Hope, and her influence on the historical development of the law of war and neutrality, international arbitration, salvage, and maritime prize
van Niekerk, J.P.
Fundamina: A Journal of Legal History
Volume 13, Issue 2, 2007 p.175-250

PATENT ENTITLEMENT, YEDA RESEARCH AND DEVELOPMENT v RH?NE-POUL??C RORER
LUKE KEMPTON AND JANINE HARBORNE
Bio-Science Law Review
Volume 9, Issue 3, 2006/2007 p.114

Patent entitlement cases are on the rise. The commercial value of Patents has never been so widely recognised in the biotech community and entitlement proceedings can be bitterly contested. Case law on entitlement to Patents in the United Kingdom has recently undergone a radical change. Until 2007, in order for party A to prove his entitlement to a patent which has been granted to party B, party A had to prove not only that he was entitled to apply for the patent but also that there was some other Rule of law such as breach of contract or confidence which could be invoked to establish his entitlement. The House of Lords has finally removed this additional requirement in its judgment of the case of Yeda Research and Development Company Limited v Rhône-Poulenc Rorer International Holdings Inc and others (‘the Yeda case’).

‘Human-Rightism’ and the Development of General International Law
ARNOLD N. PRONTO
Leiden Journal of International Law
Volume 20, Number 4, December 2007 p.753-765

Insolvency law reform in Asia and emerging global insolvency norms
Professor Roman Tomasic
Insolvency Law Journal
Volume 15, Number 4, December 2007 p.229

Insolvency law reform has become increasingly global in character as law itself has also become more global. This is in part a reflection of the importance of insolvency law as a feature of any well-developed market-based economy. It is also a reflection of the work of law reform entrepreneurs in the form of professional bodies, such as INSOL International and the International Bar Association, as well as the influence of multilateral bodies such as the Asian Development Bank, the International Monetary Fund, the World Bank, the Organisation for Economic Cooperation and Development and the United Nations Commission on International trade law . Governments, such as those in Australia and Japan, have also played a major role in fostering insolvency law reform in Asia. However, the principal trigger for action in this area of law reform over the last decade has been the desire to prevent undesirable consequences of the kind that occurred during the 1997 Asian Financial Crisis. This article examines some of these issues and looks especially at the extent to which recent socio- Legal Research has enhanced our understanding of these law reform developments and their prospects.

Enabling Organizational Development: NGO Legal Reform in Post-Conflict Settings – International Center for Not-for-Profit Law
International Journal of Not-for-Profit Law
Volume 9, Number 4, August 2007 p.3

Author: international

Mentioned in these Entries

Development International Law, International Court of Justice, International trade law, Legal Research, Patents, Rule of law, Treaties, country.