Trade law Part 74

 

Arup, Christopher: The New World Trade Organization Agreements Globalizing Law through Services and Intellectual Property
British Year Book of International Law
Volume 72, 2001 p.381

Trade Mark Law-The Supreme Court Considers the Sufficiency of Proof of Confusion
Louise Crowley
Dublin University Law Journal
Volume 23, 2001 p.218

The ‘constitutionalization’ of International trade law : judicial norm-generation as the engine of constitutional development in international trade
DZ Cass
European Journal of International law
Volume 12, Number 1, February 2001 p.39-75

Resolution No. 2/2000 of the International Law Association on International trade law on Trips
Journal of World Intellectual Property
Volume 4, Number 2, March 2001 p.295

UNITED NATIONS COMMISSION ON INTERNATIONAL Trade law : REPORT OF THE WORKING GROUP ON INTERNATIONAL CONTRACT PRACTICES
Tulane Journal of International and Comparative Law
Volume 9, Spring 2001 p.325

The EU, the WTO and the NAFTA: Towards a Common law of International Trade? Edited by J. H. H. Weiler
Matthew Happold
International and Comparative Law Quarterly
Volume 50, Number 1, January 2001 p.205-206

EMPLOYMENT IN THE NEW AGE OF TRADE AND TECHNOLOGY: IMPLICATIONS FOR LABOR AND EMPLOYMENT LAW
Kenneth G. Dau-Schmidt
Indiana Law Journal
Volume 76, Number 1, Winter 2001 p.1

Saforo & Associates, Inc. v. Porocel Corp.: The Failure of the Uniform Trade Secrets Act to Clarify the Doubtful and Confused Status of Common law Trade Secret Principles
Brandon B. Cate
Arkansas Law Review
Volume 53, Number 3, 2000 p.687

CASE REPORT – I: THE STRENGTH OF COROLLARIES BETWEEN DOMAIN NAME REGISTRATION AND THE LAW OF TRADE MARK AND PASSING OFF: MBNA INTERNATIONAL BANK LIMITED V STEPHEN FREEMAN Chancery Div., 2000
Tuvi Keinan
Computer Law and Security Review
Volume 17, Issue 1, January 2001 p.49-50

U.S. Enacts Law on Normalizing Trade Relations with China
American Journal of International Law
Volume 95, Number 1, January 2001 p.146

Free Trade Law and Environmental Law: Congruity or Conflict?
Abdul Haseeb Ansari
Indian Journal of International Law
Volume 41, Number 1, January-March 2001 p.1

The Next Frontier: Environmental Law in a Trade-Dominated World
J. Carol Williams
Virginia Environmental Law Journal
Volume 20, Number 1, 2001 p.221

The World Trade Organization Under Challenge: Democracy and the Law and Politics of the WTO’s Treatment of Trade and Environment Matters
Gregory C. Shaffer
Harvard Environmental Law Review
Volume 25, Number 1, 2001 p.1

The Globalization of International Trade Litigation: AD/CVD Litigation-Which Forum and Which Law?
Elizabeth C. Seastrum & Myles S. Getlan
Brooklyn Journal of International Law
Volume 26, Number 3, 2001 p.893

WORKING KNOWLEDGE: TRADE SECRETS, RESTRICTIVE COVENANTS IN EMPLOYMENT, AND THE RISE OF CORPORATE INTELLECTUAL PROPERTY, 1800-1920
Catherine L. Fisk
Hastings Law Journal
Volume 52, Number 2, January 2001 p.441

The invention of trade secret doctrine in the mid-nineteenth century enabled employers to enjoin revelation of secret information by cur-rent or former employees. At the same time, courts expanded the permissible uses of post-employment covenants not to compete so as to prevent dissemination of knowledge. These doctrinal developments thus defined the bounds of permissible entrepreneurship. Equally as significant, these doctrines both generated and reflected a profoundly new perspective on the nature and control of workplace knowledge. This Article examines the origins and development of the law of trade secrets and restrictive covenants through study of cases and treatises and through the study of corporate practices. Drawing on the archives of the Du Pont company, this Article examines the ways in which a firm that was unusually aware of the value of employee intellectual property used law to achieve its goal of protecting its own secrets while Learning new developments from others. The Article analyzes how courts, firms, and workers attempted to reconcile the perceived demands of industrialization and the realities of factory work with the ideology of freedom of contract, and the corporate control of ideas with the ideology of free labor. Both the doctrine and the practice reflected the contestability during the nineteenth century of the inalienable attributes of self that lay at the foundation of the discourse of free labor. Drawing the line between what knowledge the firm could own and that which remained the possession of every free person was, in that context, an extraordinarily difficult task. The Article concludes that the persistence today of the multifactored, fact-based reasonableness inquiry for restrictive covenants and of standardless, factual tests for the existence and the remedying of the misappropriation of trade secrets is evidence that the value choices at the heart of these legal issues remain as wrenching today as they were when courts first created the doctrines that set employee freedom to switch jobs on a collision course with the corporate control of the intellectual property.

Law and ethics in the trade and environment debate: tuna, dolphins and turtles
I Cheyne
Journal of Environmental Law
Volume 12, Number 3, 2000 p.293-316

Beyond the International Harmonization of Trademark Law: The Community Trade Mark as a Model of Unitary Transnational Trademark Protection
Timothy W. Blakely
University of Pennsylvania Law Review
Volume 149, Number 1, November 2000 p.309

Antitrust and Trade Regulation Law
Michael F. Urbanski and James R. Creekmore
University of Richmond Law Review
Volume 34, Number 3, November 2000 p.647

Author: international

Mentioned in these Entries

Common law, International trade law, Learning, Trade law.