Trade law Part 26

 

United Nations Commission on International trade law (UNCITRAL) / Commission des Nations Unies pour le droit commercial international (CNUDCI)
Uniform Law Review
Volume 12, Number 4, 2007 p.810

International Trade and Insolvency Law: Is the UNCITRAL Model Law on Cross-Border Insolvency an Answer for Brazil? (An Economic Analysis of its Benefits on International Trade)
Fernando Locatelli
Law and Business Review of the Americas
Volume 14, Number 2, Spring 2008 p.313

ECONOMIC WARLORDS: HOW DE FACTO FEDERALISM INHIBITS CHINA’S COMPLIANCE WITH International trade law AND JEOPARDIZES GLOBAL ENVIRONMENTAL INITIATIVES
Gregory H. Fuller
Tennessee Law Review
Volume 75, Number 3, Spring 2008 p.545

Prior Use as a Ground of Opposition in South African Trade Mark Law
Wim Alberts
Stellenbosch Law Review
Volume 19, Number 1, 2008 p.51

Trade Mark Law
International Review of Intellectual Property and Competition Law
Volume 39, Number 4, 2008

Unfair Competition and Trade Practices Law
International Review of Intellectual Property and Competition Law
Volume 39, Number 4, 2008

Australia, Fed. Ct., 21 May 2007 – Competing chocolate manufacturers – Whether use of similar shade of colour purple likely to mislead or deceive consumers – Law of passing off and trade practices law distinguished – Whether exclusive reputation required under Part V Trade Practices Act 1974 (Cth) – Trade Practices Act 1974, Part V – [2007f FCAFC 70 – Cadbury Schweppes Pty. Ltd. v. Darrell Lea Chocolate Shops Pty. Ltd. – “Cadbury v. Darrell Lea”
International Review of Intellectual Property and Competition Law
Volume 39, Number 4, 2008 p.502

The relevance of prior trade mark use in South African Common law
W. Alberts
Journal for Juridical Science
Volume 32, Number 2, December 2007 p.48

02 Holdings Ltd v Hutchison 3G Ltd: Advocate General’s Opinion a Backward Step for Brand Owners
OLIVER BRAY
Entertainment Law Review
Volume 19, Issue 5, 2008 p.120

Advocate General Mengozzi delivered his opinion on Case C-533/06 02 Holdings Ltd v Hutchison 3G UK Ltd on January 31, 2008. In answering the questions referred to him by Lord Justice Jacob from the Court of Appeal, the Advocate General has taken the view that the Comparative Advertising Directive 84/450 carries out an “exhaustive harmonisation”of the conditions under which comparative advertising might be lawful in the EU and that the lawfulness of such advertising should be assessed solely on the basis of the cumulative conditions within Art.3(a) of that Directive. If the European Court of Justice agrees and, in the words of Jacob L.J., “there is no need for the law of registered trade marks to get involved with any of this”, then brand owners are facing the loss of their primary defensive weapon (i.e. a claim for trademark infringement) should they become victims of a misleading comparative campaign. Their remedy will lie solely in the hands of the public authorities enforcing the Directive, which will be a difficult concept for brand owners to comprehend, let alone swallow.

The New Rubric Of Risk: Unfair Trade Practices
Mark E. Swirbalus
ALI-ABA Estate Planning Course Materials Journal
Volume 14, Number 4, August 2008 p.21

A practice will be declared unfair under the FTC Act (and thus under most mini-FTC Acts) if the practice either violates some other statute or Common law , or comes close to doing so, and causes substantial “unjustified”injury. Historically, trustees have not been subject to such liability. But is all that about to change?

Trade Secrets and the Rome II Regulation on the Law Applicable to Non-contractual Obligations
CHRISTOPHER WADLOW
European Intellectual Property Review
Volume 30, Issue 8, 2008 p.309

The second of this pair of articles on the protection of trade secrets in international law considers the likely effect of the forthcoming Rome II Regulation on the applicable law, and concludes that actions to protect trade secrets fall into the generic category of unfair competition, but that in practice the same rules as in tort will apply.

The meaning of “trading or financial corporations”: Future directions
Nicholas Gouliaditis
Public Law Review
Volume 19, Number 2, June 2008 p.110

This article sets out the existing case law concerning the meaning of the phrase “trading or financial corporations”in s 51(xx) of the Constitution, and examines the problems that have arisen in applying the current “activities test”to particular types of corporations. Four alternative tests are discussed. This article suggests that the High Court should emphasise that, properly understood, the activities test requires that “trade”or “finance”must be a characteristic activity of a corporation for it to merit the description “trading corporation”or “financial corporation”. Consequently it is arguable that, contrary to some lower court and tribunal authority, many charities, local governments and other State statutory corporations fall outside the scope of the Commonwealth’s corporations power.

INTERNATIONAL Trade law AND THE ENVIRONMENT: DESIGNING A LEGAL FRAMEWORK TO CURTAIL THE IMPORT OF UNSUSTAINABLY PRODUCED BIOFUEL
STEPHANIE SWITZER
University College Dublin Law Review
Volume 7, 2007 p.1

International Trade Law: The Indian Perspective
Nishith Desai
International Journal of Legal Information
Volume 36, Number 2, Summer 2008 p.351

Author: international

Mentioned in these Entries

Common law, International trade law Part 26, International trade law, Trade law.