Trade law Part 31

POST-9/11 SECURITY IN A POST-WWII WORLD: THE QUESTION OF COMPATIBILITY OF MARITIME SECURITY EFFORTS WITH TRADE RULES AND INTERNATIONAL LAW
Eric J. Lobsinger
Tulane Maritime Law Journal
Volume 32, Number 1, Winter 2007 p.61

The South African Law of International Trade: Selected topics Van Niekerk and Schulze
Neels
Journal of South African Law
2007, Number 4 p.839

Substantive Trademark Law Harmonization by Means of the WTO Appellate Body and the European Court of Justice: The Case of Trade Name Protection
Gail E. Evans
Journal of World Trade
Volume 41, Number 6, December 2007 p.1127

A Participant’s View of United Nations Commission on International trade law ‘s Working Party II (Arbitration) Proceedings in January 2006
Lowry, Houston Putnam
Arbitration: The International Journal of Arbitration, Mediation and Dispute Management
Volume 73, Number 3, August 2007 p.269-273

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.

Creation and protection of trade mark rights in “Second Life”: Inadequacies in Australia’s current law
Lucy Davis
Australian Intellectual Property Journal
Volume 18, Number 4, November 2007 p.183

The virtual world of “Second Life”is developing into an active global market in which trade marks will be used, potentially misused, and reputations developed. This article considers issues in relation to the creation and enforcement of trade marks that may arise in Second Life both for registered trade marks and Common law trade marks. The traditional geographical segmentation of trade mark protection together with stratification of registered trade marks based on the goods or services in respect of which they are registered makes the application of existing law tenuous for those trying to develop and protect brands in Second Life. Part II provides an overview of the relevance of trade mark rights to virtual worlds. Part III examines the shortcomings of the law to protect Australian trade mark owners and Part IV reviews the potential rights of those creating a brand in Second Life.

Brave new world or much ado about nothing? Practical effect of proposed changes to Trade Practices Act, s 51(3)
Richard R L Hood
Australian Intellectual Property Journal
Volume 18, Number 4, November 2007 p.201

In Australia, the interface between intellectual property and competition laws is regulated by s 51(3) of the Trade Practices Act 1974 (Cth). Section 51(3) provides certain intellectual property transactions with a limited exemption from some of the competition provisions which are set out in Pt IV of the Act. The scope of s 51(3) has always been unclear, and that lack of clarity has been accentuated by the fact that it has not been amended in light of changing intellectual property laws. This article examines the protection currently afforded by s 51(3) and considers the practical effect which the government’s proposed changes will have for intellectual property owners and the community in general. It outlines the approach which should be taken by the Australian Competition and Consumer Commission in preparing guidelines regarding the effect of the changes, and considers some of the most common intellectual property scenarios in light of the existing law and the proposed reforms. The article concludes that intellectual property owners have little to fear from the proposed changes provided they are implemented in the manner which is suggested.

Author: international

Mentioned in these Entries

Common law, International trade law, Legal Research, Trade law.