Trade law Part 35

 

USA Ct. App. 7th Cir. 9 Nov. 2006 – Distribution of software under GNU General Public Licence – Antitrust law – Monopoly prices – Conspiracies “in restraint of trade”- “Price fixing”- Sherman Act, Sec. 1 (15 U.S.C. § 1) – 06-2454 – Daniel Wallace v. International Business Machines, Corp. et al. – “Wallace v. IBM”
International Review of Intellectual Property and Competition Law
Volume 38, Number 2, 2007 p.252

DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE/ INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 3, 2007

Main Names At The Intersection Of Free Speech Trade-Mark Law On The Internet
Sheldon Burshtein
University of New Brunswick Law Journal
Volume 56, 2007 p.47

U.S. Philips Corp. v. International Trade Commission: Seeking A Better Tie Between Antitrust Law And Package Licensing
Columbia Journal of Law and Social Problems
Volume 40, Number 3, Spring 2007 p.267

BURBANK GREASE SERVICES, LLC v. SOKOLOWSKI: FRUSTRATING UNIFORMITY IN TRADE SECRET LAW
Sarah Gettings
Berkeley Technology Law Journal
Volume 22, Number 1, Annual Review 2007 p.423

Trade Mark Law
International Review of Intellectual Property and Competition Law
Volume 38, Number 1, 2007

Australia Fed. Ct. 23 March 2006 – Assignment of rights under trade mark licence Principles Whether right unassignable as personal right Trade Marks Act 1995 (Cth), Secs. 8, 92(4)(b); Property Law Act 1958 (Vic), Sec. 134; Conveyancing Act 1919 (NSW), Sec. 12; 36 and 37 Vic Ch. 66 (“the Judicature Acts 1873/75), Sec. 25(6) [2006] FCAFC 40 Pacific Brands Sport & Leisure Pty Ltd v. Underworks Pty Ltd “Pacific Brands v. Underworks”
International Review of Intellectual Property and Competition Law
Volume 38, Number 1, 2007 p.114

Hildebrandt, Harmonised Trade Mark Law in Europe. Case-Law of the European Court of Justice
Tsoutsanis
International Review of Intellectual Property and Competition Law
Volume 38, Number 1, 2007 p.133

Effective Implementation of the Trade Mark Directive in Estonia
Carri Ginter
European Competition Law Review
Volume 28, Issue 6, June 2007 p.337

In the beginning, key decisions of the Estonian Supreme Court are analysed, where the court determined the position of EC law vis a vis the Estonian constitution. It is asked, whether an unconditional primacy has been accepted by the Estonian courts. The rest of the article addresses a decision with interesting aspects of directive conforming interpretation in connection with defectively implemented Trade Mark Directive.

What’s in a Name Which We Call a Rose by any Other Name Would Smell as Sweet? Reflections on ECJ’s Trade Mark Case Law
Bjà¸rn Kunoy
German Law Journal
Volume 8, Number 6, June 2007 p.635-656

The baffling intruder: Section 82(1B) of the Trade Practices Act – Part I
Danielle Gatehouse
Trade Practices Law Journal
Volume 15, Number 2, June 2007 p.74

Section 82(1B) was introduced into the Trade Practices Act 1974 (Cth) in July 2004 by the Corporate Law Economic. Reform Program (Audit Reform and Corporate Disclosure) Act 2004 (Cth). The amendment introduced previously irrelevant concepts into misleading or deceptive conduct jurisprudence such as “reasonable care”, “intent”and “fraud”. In two parts, this article will explore the reasons and aims of this change, its elements and possible application, and comment on the suitability of these changes to the goals of s 52 and of the Trade Practices Act itself. This article does not provide a definitive answer to the interpretation of s 82(1B); indeed this section has introduced complexities into this area of law that will require much High Court guidance. However, the article suggests that, on its proper interpretation, the impact of s 82(1B) could be very minimal. If this is correct, it is submitted that this is because the amendment reveals an inherent misunderstanding of the history and rationale of s 52 and the Trade Practices Act, and the conduct it was brought in to address.

DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE/ INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 2, 2007

Contracting In The Global Marketplace: The UN Conventions On Contracts For The International Sale Of Goods
Anita C. Esslinger, as updated by Margaret A. Niles
ALI-ABA Business Law Course Materials Journal
Volume 31, Number 3, June 2007 p.43

The United Nations Convention on Contracts for the International Sale of Goods (CISG), is not merely a Codification of the status quo in international trade, but is part of a progressive effort toward harmonizing diverse approaches to international law. This outline familiarizes the reader with the historical background and mechanics of researching under the CISG and the Limitation Convention, as well as with selected substantive issues of interest.

Can U.S. Safeguard Actions Survive WTO Review?: Section 201 Investigations in International trade law
Daniel B. Pickard & Tina Potuto Kimble
Loyola of Los Angeles International & Comparative Law Review
Volume 29, Number 1, Winter 2007 p.43

Constitutionalism, Multilevel Trade Governance and Social Regulation (Studies in International trade law , Vol. 9). Edited by CHRISTIAN JOERGES and ERNST-ULRICH PETERSMANN
Thomas Cottier
Journal of International Economic Law
Volume 10, Number 2, June 2007 p.424-437

Conflicts between United States Immigration Law and the General Agreement on Trade in Services: Most-Favored-Nation Obligation
William Thomas Worster
Texas International Law Journal
Volume 42, Number 1, Fall 2006 p.55

Author: international

Mentioned in these Entries

Codification, International trade law, Judicature, Trade law, United Nations Convention on Contracts for the International Sale of Goods.