Trade law Part 15

 

Broad-based employee share ownership in Australian listed companies: An empirical analysis
Ingrid Landau, Richard Mitchell, Ann O’Connell, Jan Ramsay and Shelley Marshall
Australian Business Law Review
Volume 37, Number 6, December 2009 p.412

The Treasurer’s 2009-2010 Federal Budget announcement of proposed reforms to the tax treatment of employee share ownership plans (ESOPs) prompted vocal criticism from the business community and trade unions and served to highlight the widespread use of ESOPs by Australian businesses. Yet despite receiving sporadic attention from public policy makers over the past decade or so, employee share ownership in Australia has been the subject of little empirical investigation. This article presents findings from a survey of employee share ownership practice in companies listed on the Australian Securities Exchange. It provides a detailed account of broad-based ESOPs: that is, plans open to a majority of employees within the company. The authors consider how the regulatory framework in taxation and corporate law is impacting upon the decision by companies to implement ESOPs and the design of their plans; and discuss company views on the adequacy of the current regulatory framework.

Open Borders, Intellectual Property & Federal Criminal Trade Secret Law
Shubha Ghosh
John Marshall Review of Intellectual Property Law
Volume 9, Issue 1, Summer 2009 p.24

Comparative Study on the Liability for Trade Mark Infringement of Online Auction Providers
ANNE S.Y. CHEUNG AND KEVIN K.H. PUN
European Intellectual Property Review
Volume 31, Issue 11, 2009 p.559

Despite the global economic downturn, online trade, in particular the sale of counterfeit goods via the internet, continues to soar. An important player in this game is the online auction provider. Although it is not the direct infringer, trade mark owners see it as the logical legal defendant. Due to the nature of online auction, an online auction provider may be sued by the same or different plaintiffs in different jurisdictions. Not surprisingly, the outcome of litigation varies front court to court. This fragmented approach of different courts to the liability of online auction providers calls for harmonisation of the law. Focusing largely on the recent lawsuits against eBay in different jurisdictions, this article suggests that an improved solution based on the German model may be the best way forward.

United Nations Commission on International trade law (UNCITRAL) / Commission des Nations Unies pour le droit commercial international (CNUDCI)
Uniform Law Review
Volume 14, Numbers 1/2, 2009 p.283

DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE/INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 1, 2009

Theory and reality in insolvency law: Some contradictions in Australia
Helen Anderson
Company and Securities Law Journal
Volume 27, Number 8, November 2009 p.506

Insolvency law in Australia provides a bundle of diverse entitlements for different cohorts of creditors. In this article, the Commissioner of Taxation, unsecured trade creditors and employees are chosen for examination. It is arguable that the allocation of these entitlements does not correspond with the needs of the creditors in question for legislative protection. The article begins by looking at the theoretical explanations of three forms of ex post creditor protection mechanisms-the collective recovery regime, lifting of the corporate veil on directors, and encouragement towards corporate reorganisation. This section includes a discussion of Jackson’s creditors’ bargain model, which seeks to explain the collective bargaining regime by asking what creditors would have agreed to accept in insolvency had they been asked at the time of making their contracts. It then examines the reality of the three forms of ex post legislative protection which play an important role in safeguarding the entitlements of the unsecured creditor cohorts chosen. Finally, the article analyses the reality against the theory and asks: what would each of these creditor groups have bargained for if they were given a chance, prior to their dealings with the company, and what legislative scheme would maximise the welfare of each creditor group as a whole?

Trade Mark Law
International Review of Intellectual Property and Competition Law
Volume 40, Number 6, 2009

Trade Mark and Unfair Competition Law
International Review of Intellectual Property and Competition Law
Volume 40, Number 6, 2009

Environmental Sovereignty and the WTO: Trade Sanctions and International Law By Bradly J. Condon
Krishna Ravi Srinivas
Review of European Community & International Environmental Law
Volume 18, Issue 2, July 2009 p.218-219

European Court of Justice Gives Brand Owners New Remedies against Unauthorised Resellers
BILL BATCHELOR AND MELISSA HEALY
European Competition Law Review
Volume 30, Issue 9, 2009 p.470

The ECJ, in a recent judgment, has granted brand owners an additional route of redress under trade mark law, in order to protect the “aura of luxury” surrounding their branded goods and prevent their unauthorised resale to outlets outside the selective distribution network.

Trade Mark Protection, Public Health and International Investment Law: Strains and Paradoxes
Valentina S. Vadi
European Journal of International law
Volume 20, Number 3, August 2009 p.773-803

The untold story of trade secret law
Sharon K. Sandeen
Journal of Intellectual Property Law & Practice
Volume 4, Number 11, November 2009 p.841-842

Trade Mark Law
International Review of Intellectual Property and Competition Law
Volume 40, Number 5, 2009

Author: international

Mentioned in these Entries

International trade law, Trade law.