Trade law Part 50

Online Auctioning between Trade Mark and Consumer Protection
HENNING HARTWIG
European Intellectual Property Review
Volume 27, Issue 9, September 2005 p.319

In 2004, Germany’s Supreme Court held that there is a limited obligation of e-auctioneers to exercise control over what is offered on their platform. According to a parallel ruling, consumers who purchase goods in the course of e-auctions might be entitled to cancel the deal. Following the respective EU Directives, this case law could encourage other national courts to interpret their laws similarly.

DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE/INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 5, 2005

Select Articles on International Economic Law 4 Trade law , Islamic Law and Tobacco Litigation
Meenakshi Bhan
Indian Journal of International Law
Volume 45, Number 1, January – March 2005 p.130

Phillips Trade Mark Law – A Practical Anatomy
Würtenberger
International Review of Intellectual Property and Competition Law
Volume 36, Number 6, 2005

MUSINGS ON THE NEW COMPULSORY EXPLOITATION RIGHT: A CASE OF DIVIDED LOYALTIES?
MARGARET LLEWELYN
Bio-Science Law Review
Volume 7, Issue 5, 2004/2005 p.190

In 2004 the European Commission revised Article 29 of the Community Regulation on Plant Variety Rights (the Regulation) to bring it into line with Article 12 of the Directive on the Legal Protection of Biotechnological Inventions (the Directive). The reason for the change was to ensure that both pieces of EU legislation fully complied with Article 31(1) of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs). This article muses whether this change introduces a more patent-centric notion of compulsory licensing into plant variety rights and whether this could compromise, or conflict with, the principle enshrined within UPOV that compulsory licences should be granted for reasons of ‘public interest’ – a concept which is, arguably, broader than that operated within patent law.

Indigenous Peoples at the Margin of the Global Economy: A Violation of International Human Rights and International trade law
Arthur Manuel, Nicole Schabus
Chapman Law Review
Volume 8, Number 1, Spring 2005 p.229

“Hail to the Thief: A Tribute to Kazaa”
Matthew Rimmer
University of Ottawa Law and Technology Journal
Volume 2, Issue 1, 2005 p.173

This paper considers the ongoing litigation against the peer-to-peer network KaZaA. Record companies and Hollywood studios have faced jurisdictional and legal problems in suing this network for copyright infringement. As Wired Magazine observes: “The servers are in Denmark. The software is in Estonia. The domain is registered Down Under, the corporation on a tiny island in the South Pacific. The users – 60 million of them – are everywhere around the world.”In frustration, copyright owners have launched copyright actions against intermediaries – like against Internet Service Providers such as Verizon. They have also embarked on filing suits against individual users of file-sharing programs. In addition, copyright owners have called for domestic- and international-law reform with respect to digital copyright. The Senate Committee on Government Affairs of the United States Congress has reviewed the controversial use of subpoenas in suits against users of file-sharing peer-to-peer networks. The United States has encouraged other countries to adopt provisions of the Digital Millennium Copyright Act 1998 in bilateral and regional free-trade agreements.

Observations on Trade Law and Globalization
Sara Dillon
International Journal of Legal Information
Volume 33, Number 1, Spring 2005 p.103

Back to Bilateralism? Pendulum Swings in International Intellectual Property Protection
Ruth L. Okediji
University of Ottawa Law and Technology Journal
Volume 1, Issues 1 & 2, 2003-2004 p.125

This article briefly presents an account of bilateralism in international economic relations-encompassing intellectual property regulation-that suggests that the TRIPS Agreement should never have been understood as a crowning point of international intellectual property regulation. The article explores the implications of this possible reformulation of the theory and place of the TRIPS Agreement in international intellectual property law and policy. The author argues that the new bilateralism, while similar in form, serves a different agenda from the old bilateralism which relied principally on commercial agreements as a means to stabilize, formalize and advance interests ostensibly mutual to the contracting parties. Notwithstanding this different function, and in spite of the deployment of coercive measures enforced through unilateral trade policy, the author seeks to consider what, if any, real prospects for gain may exist for developing countries under the new bilateralism.

Author: international

Mentioned in these Entries

International trade law, Trade law.