Trade law Part 51

 

Facilitating paperless international trade: a survey of Law and Policy in Asia
Emmanuel Laryea
International Review of Law, Computers & Technology
Volume 19, Number 2, July 2005 p.121

SYFAIT v GLAXOSMITHKLINE: RESTRICTIONS ON PARALLEL TRADE WITH THE EU
JAMES TUMBRIDGE
Bio-Science Law Review
Volume 7, Issue 4, 2004/2005 p.151

The EC Treaty had at its heart a desire to create a free trading Community of Member States, and its articles provide the frame work to achieve that aim. In Article 82 the Community intends to prevent abuse of a dominant position, and it would be understandable that a sole manufacturer of a product, who refused to supply that product, would be considered to be abusing their dominant position. However, where the action of the manufacturer in restricting supply is aimed at countering State interference which is distorting the market place, it can equally be understood why Article 82 might be considered unfair. Now in Syfaà­t the A-G has suggested that Article 82 may be overcome by such a justification, even though no justification exists in a clearly expressed law. In his view the case law only regards refusal to supply as anti-competitive when not objectively justified, but this leaves the difficulty of determining when an action can be considered objectively justified. This article looks at the effect of the Syfaà­t case and the competing views on pharmaceutical parallel trade.

DROIT DU COMMERCE INTERNATIONAL ET DE LA CONCURRENCE/INTERNATIONAL TRADE AND COMPETITION LAW
International Business Law Journal
Number 4, 2005

Trade Mark Law and the Need to Keep Free
J. Phillips
International Review of Intellectual Property and Competition Law
Volume 36, Number 4, 2005

How Does “Essential Function”Doctrine Drive European Trade Mark Law?
I. Simon
International Review of Intellectual Property and Competition Law
Volume 36, Number 4, 2005

Locating the Average Consumer: His Judicial Origins, Intellectual Influences and Current Role in European Trade Mark Law
Jennifer Davis
Intellectual Property Quarterly
Number 2, 2005 p.183

Shift in Paradigm: From the New International Economic Order to the World Trade Organization – Germany’s Contribution to the Development of International Economic Law
Wolfgang WeiàŸ
German Yearbook of International Law
Volume 46, 2003 p.171

Mitsuo Matsushita, Thomas J. Schoenbaum, and Petros C. Mavroidis, The World Trade Organization. Law, Practice, and Policy AND Paolo Picone and Aldo Ligustro Diritto dell’Organizzazione Mondiale del Commercio
Yearbook of European Law
Volume 23, 2004 p.425

Controlling Illegal Logging and the Trade in Illegally Harvested Timber: The EU’s Forest Law Enforcement, Governance and Trade Initiative
Duncan Brack
Review of European Community & International Environmental Law
Volume 14, Issue 1, April 2005 p.28

Invoking the Doctrine of Forum Non Conveniens: A Comparison of Defensive Tactics and a Practical Assessment
Aaron L. Levenstadt
Dartmouth Law Journal
Volume 3, Issue 2, Spring 2005

A rejuvenated debate over the legal doctrine of forum non conveniens (FNC) is attributed to an increase in international trade and the rise of multinational corporations. The global activity of these companies renders them potentially amenable to legal proceedings in several countries. The FNC doctrine is a tool to help select the most appropriate host nation. This paper focuses on the application of the FNC in cases involving the Alien Tort and Claims Act (ATCA), the oldest American law still in force. Two classes of ATCA cases are analyzed: those that have been dismissed to foreign forums on FNC grounds and those that have resisted the motions to dismiss. The reasons why certain cases are dismissed while others are retained are detailed. Finally, following this analysis I argue that the significant deference awarded to American plaintiffs relative to non-Americans is discriminatory and contrary to the goals of the FNC doctrine.

Copyright Protection for Business Systems and Surveys: Disentangling Fact, Form and Function
Louise Longdin
New Zealand Business Law Quarterly
Volume 11, Number 2, May 2005 p.161

This article explores the ongoing cross-jurisdictional debate in copyright law over the most appropriate means to protect prosaic headings or descriptors contained in products such as surveys, guides, and directories (works of “low authorship”although often of high economic value). As one Australian Judge has understated the problem: “Policy tensions permeate the law of copyright, especially in the area of factual compilations.”As seen in recent decisions in New Zealand and Australia, courts are allowing notions of unfair competition and prevention of free-riding (more usually invoked in passing off and trade mark infringement cases) to leach into the test for substantial taking for copyright infringement and to consequently dilute its operation. Since any judicial consideration of product substitutability should properly go to fair dealing with a copyright work rather than infringement, it is inappropriate to reverse the order of analysis and thereby use copyright as a surrogate for passing off or fair trading law. Second comers should, in traditional copyright theory, be able to avoid liability for infringement if they take all or most of the factual and functional elements of a system or survey without copying a substantial part of the form in which the material is expressed.

 

Author: international

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