Trade law Part 14

Recent Cases Flesh Out Chine’s Standards for Domain Name Arbitration
YANG XUN
Computer and Telecommunications Law Review
Volume 15, Issue 6, 2009 p.134

The Domain Name Dispute Resolution Center of China international Economic and Trade Arbitration Commission is one of the major arbitration institutes authorised to arbitrate disputes on domain names in the “.cn”g?LD. It has developed fairly sophisticated rules which provide good protection to owners of reputable marks. These niles emphasise that “.cn”domain names must be viewed in the context of Chinese culture. Consistent with civil law traditions, these rules also lend much weight to the registration of marks.

Parallel Trade in Europe: Intellectual Property, Competition and Regulatory Law
CATHERINE SEVILLE
European Intellectual Property Review
Volume 31, Issue 12, 2009 p.636

Fostering Dynamic Innovation, Development and Trade: Intellectual Property as a Case Study in Global Administrative law
Rochelle Cooper Dreyfuss
Acta Juridica
2009 p.237

Creation of a Trade Mark in South African Law: a View with some Unconventional Elements
Bernard Martin
Stellenbosch Law Review
Volume 20, Number 2, 2009 p.241

Noncompete Agreements And Trade Secrets In The Age Of Federal Computer Legislation
Edward T. Ellis
ALI-ABA Business Law Course Materials Journal
Volume 33, Number 6, December 2009 p.5

Covenants not to compete were “generally disfavored”at Common law for restraining trade. The courts eventually recognized, however, that covenants not to compete serve legitimate and important ends. They enable employers to train their employees and to share confidential information with them without unknowingly advancing the interests of a future competitor. Most states recognize and enforce noncompete agreements. But there are many variations among the states, and this includes how trade secrets will be handled as well.

World trade
Tracey Epps
New Zealand Law Journal
October 2009 p.325

Finds China being subjected to law

Labels, Lies and the Law: Opportunities and Challenges in Mainstreaming Fair Trade
Juliette Verdier-Stott
Law, Social Justice & Global Development
2009, Issue 1

The new frontier: country brands and their legal status under Australian trade mark law
Heather A Forrest
Australian Intellectual Property Journal
Volume 20, Number 3, September 2009 p.127

This article asks two inter-related but separate questions: first, whether a country name can on its own be a brand: and second, whether Australian law recognises and protects private property rights in so-called “country brands”as trade marks. In order to answer the former, the broad concept of a brand must first be explored in an analysis of representative views from the perspective of each broad group involved in the branded environment. These are then evaluated against the notion of the country brand. Having determined that the relevant question is not whether but how country brands achieve legal status through recognition as trade marks, the criteria for registration of a trade mark are then discussed. These criteria are applied to country brands along with a consideration of other related legal issues faced by applicants of trade marks constituting country names. The relatively few registered trade marks solely constituting country names without other accompanying words or images on the Australian register support a conclusion that although registration is now possible, significant obstacles remain.

Author: international

Mentioned in these Entries

Administrative law, Common law, Trade law, country.