Trade law Part 70

An IF Conundrum: Can Patent Policy and Trade Dress Law Be Reconciled?
Michael Scott Fuller
SMU Science and Technology Law Review
Volume 6, Number 3, Spring 2002 p.303

Pursuing an End to Foreign Child Labor Through U.S. Trade law : WTO Challenges and Doctrinal Solutions
Benjamin James Stevenson
UCLA Journal of International Law and Foreign Affairs
Volume 7, Number 1, Spring/Summer 2002 p.129

YOUR TRADE SECRET IS SAFE WITH US: HOW THE REVISION TO FEDERAL RULES OF CIVIL PROCEDURE MAKES DISCOVERY PRESUMPTIVELY CONFIDENTIAL
Kurt Putnam
Hastings Communications and Entertainment Law Journal (Comm/Ent)
Volume 24, Number 3, Spring 2002 p.427

This note addresses the debate in circuits regarding the propriety of stipulated protective orders to protect trade secrets in federal litigation. Putnam explores the approaches utilized by the 2nd and 1st Circuits, analyzing them in light of the former rules and the Common law , respectively. He takes the position that the 2000 revisions to the Federal Rules of Civil Procedure to Rule 5(d) and a Rule 26(c) protective order help protect parties’ confidentiality during litigation.

THE CONSTITUTIONAL LAW OF OFFICIAL COMPENSATION
Adrian Vermeule
Columbia Law Review
Volume 102, Number 2, March 2002 p.501

In a system of separated powers, who-which branch or institution-should decide how officials are compensated for their services? Actors who enjoy the authority to determine compensation across or within branches might leverage that authority to obtain control over powers that the constitutional scheme entrusts to others. Yet it is not easy to devise institutional arrangements that avoid the risk of aggrandizement through control over salaries, without incurring unacceptable costs on other dimensions. The most obvious alternative-diminishing leverage, or protecting independence, by allowing institutions to set their own compensation-creates the competing risk that members of those institutions will use the compensation power to engage in self-dealing. Whether and how these structural tensions between aggrandizement and self-dealing can be successfully resolved, or at least negotiated through contextual adjustments and expedients, is the subject of this Essay. Professor Vermeule examines a range of constitutional texts and precedents, including the Article I Ascertainment Clause, the Compensation Clauses of Articles II and III, the Twenty-seventh Amendment, and the Supreme Court’s recent decision in United States v. Hatter. He describes these rules as responses to the constitutional-design trade-off between promoting institutional independence and minimizing institutional conflicts of interest, evaluates their costs and benefits in that light, and proposes doctrinal adjustments intended to improve the constitutional law of official compensation.

UNITED NATIONS CONVENTION ON ASSIGNMENT OF RECEIVABLES IN INTERNATIONAL TRADE AND UNCITRAL MODEL LAW ON ELECTRONIC SIGNATURES
Tulane Journal of International and Comparative Law
Volume 10, Spring 2002

WorldTradeLaw.net: The Online Source for World Trade Law
Marci Hoffman
International Journal of Legal Information
Volume 30, Number 3, Winter 2002 p.535

Foundations and Perspectives of International trade law Edited by Ian Fletcher, Mistelis Loukas, and Cremona Marise
Josep Suquet-Capdevila
International and Comparative Law Quarterly
Volume 51, Number 1, January 2002 p.187-188

INFRINGEMENT OF US BIOTECHNOLOGICAL PROCESS Patents BY IMPORT OF PRODUCTS MADE BY PERFORMING THE PATENTED PROCESS OUTSIDE THE UNITED STATES
Iyoti Ramdas
Bio-Science Law Review
Volume 5, Issue 2, 2001/2002 p.39

In a case involving a biotechnological process patent, the District Court of Delaware has held that 35 USC section 271(g) applies only to products derived from a patented manufacturing process and not to methods of gathering information about or identifying substances worthy of further development. Analysis of the legislative history of § 271(g) and case law indicates that Patents on processes that produce information-like processes are unlikely to be protected from acts of infringement. This article suggests that one option open to developers of biotechnological processes is to hold their processes as a trade secret until they discover some patentable products of the process. At that point the previously trade-secret process can be claimed as a ‘process’ under the statutory over-ride for non-obviousness provided under 35 USC § 103(b).

Foreign Trade Law in China-Perspectives regarding Rules of Origin
Immanuel Gebhardt & Kerstin Olbrich
Journal of World Trade
Volume 36, Number 1, February 2002 p.117

Toward Facilitating Cross-Border Secured Financing and Securitization: An Analysis of the United Nations Convention on the Assignment of Receivables in International Trade
Harry C. Sigman and Edwin E. Smith
Business Lawyer
Volume 57, Number 2, February 2002 p.727

The United Nations Convention on the Assignment of Receivables in International Trade was recently adopted and is now open for signature. The Convention promulgates substantive and choice of law rules that will, if the Convention becomes effective in a sufficient number of countries, significantly improve the feasibility of cross-border transactions involving the assignment of receivables. The Convention will achieve this by reducing or eliminating obstacles to efficient commercial practices and by providing greater certainty on many issues. The authors explain the Convention’s provisions and discuss relevant provisions of Revised U.C.C. Article 9 to facilitate comparison and to assist counsel in understanding how the Convention might affect transactions having a U.S. connection.

Author: international

Mentioned in these Entries

Columbia Law Review, Common law, International trade law, Patents, Trade law.