Trade law Part 73

 

THE MARLBORO MAN’S SECRET VERSUS THE PUBLIC HEALTH: TRADE SECRETS AND UNCONSTITUTIONAL TAKINGS IN PHILLIP MORRIS v. REILLY
Melanie Tang
Hastings Constitutional Law Quarterly
Volume 28, Number 4, Summer 2001 p.829

Trade secrets have traditionally been considered to be property interests under the law protected by the Fifth Amendment. However, in a series of decisions finding a Massachusetts tobacco product disclosure law to be unconstitutional, the Massachusetts district court departed from established Fifth Amendment takings case law, setting a precedent for successful “regulatory takings”challenges by private companies to public health, welfare, and safety laws. This Note discusses the novel interpretation of a property owner’s reasonable investment-backed expectations advanced by the Philip Morris holdings in contravention to Ruckelshaus v. Monsanto, as well as the misguided analysis of the character of Massachusetts’ actions in light of the “essential nexus”and “roughly proportional”standards promulgated in Nollan v. California Coastal Comm’n and Dolan v. City of Tigard.

ARGENTINA: THE NEW PATENT LAW AND THE AGREEMENT ON TRADE RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS)
Silvia Fabiana Faerman
Southwestern Journal of International Law
Volume 8, Number 1, 2001-2002 p.157

The TRIPS Agreement did not end conflicts concerning intellectual property protection, even after nine years of complicated negotiation. Instead, it marked the beginning of an era of new subtle conflicts among the signatory countries. Some member countries did not sufficiently protect intellectual property rights and had to enact legislation to meet the minimum standards set forth in the TRIPS Agreement. A significant problem, however, was that some of its provisions allowed for various interpretations, and thus weakened the protection sought by countries with strong R&D pharmaceutical industries. The Argentine Patent Law enacted in 1996 is one example of how a country struggles to comply with international rules (the minimum standards set forth in the TRIPS Agreement) while protecting the interests of its local industry.

Trade Mark Law in Australia by Brian Elkington et al
Elizabeth Adeney
Deakin Law Review
Volume 6, Number 2, 2001 p.374

TRIPS: International Trademark Law That Promotes Global Trade
Sanjeev Davé
Journal of Contemporary Legal Issues
Volume 12, Issue 1, 2001 p.458

Compensation Versus Colonization: A Common Heritage Approach to the Use of Indigenous Medicine in Developing Western Pharmaceuticals
John L. Trotti
Food and Drug Law Journal
Volume 56, Issue 3, 2001 p.367-384

Recently, pharmaceutical companies have turned to the abundant and diverse plant life of developing countries in search of natural compounds with powerful healing properties. To cut costs and streamline research, these companies rely increasingly on indigenous peoples and their remedies to locate naturally occurring medicinal compounds. This valuable cooperation, however, often goes unrewarded. Critics argue that the lack of patent protection for indigenous remedies under the Trade Related Aspects of Intellectual Property agreement (TRIPS) fosters this dynamic. As such, these critics view TRIPS as an imperialistic Codification of Western notions of property rights and technology. Thus, some advocate reforms for patent regimes. Instead of uncritically accepting patent rights as the solution to compensation for use of indigenous medicine in Western drug development, the international community should develop a common heritage approach similar to Part XI of the 1982 United Nations Convention on the Law of the Sea .

International environmental law attempts to be “mutually supportive” with International trade law : A compatibility analysis of the Cartagena proLaw Journal / Law Reviewol to the Convention on Biological Diversity with the world trade organisation agreement on the application of sanitary and phytosanitary measures
Cameron Hutchison
Journal of International Wildlife Law & Policy
Volume 4, Number 1, June 2001 p.1-34

The Rising Tide of Green Unilateralism in World Trade law – Options for Reconciling the Emerging North-South Conflict
Frank Biermann
Journal of World Trade
Volume 35, Number 3, June 2001 p.421

Food Security and International trade law – An Appraisal of the WTO Approach
Melaku Geboye Desta
Journal of World Trade
Volume 35, Number 3, June 2001 p.449

The Law: An Engine for Trade
Lord Irvine
Modern Law Review
Volume 64, Number 3, May 2001 p.333-349

CHARMING BETSY, CHEVRON, AND THE WORLD TRADE ORGANIZATION: THOUGHTS ON THE INTERPRETIVE EFFECT OF INTERNATIONAL TRADE LAW
Michael F. Williams
Georgetown Journal of International Law
Volume 32, Number 3, 2001 p.677

J P van Niekerk en W G Schulze – The South African Law of International Trade: Selected Topics
Journal of South African Law
Volume 2001, Number 2 p.407

Establishing a Legal Framework for Electronic Commerce: The Work of the United Nations Commission on International Trade Law (UNCITRAL)
Renaud Sorieul, Jennifer R. Clift & José Angelo Estrella-Faria
International Lawyer
Volume 35, Number 1, Spring 2001 p.107

 

Author: international

Mentioned in these Entries

Codification, Convention on Biological Diversity, International trade law, Trade law, United Nations Convention on the Law of the Sea, country.