This chapter will analyze arguments that the World Trade Organization (WTO) suffers from a 'democratic deficit', which casts doubt on the legitimacy and desirability of its rules and policies. First this chapter outlines teh two strands of this accusation of 'democratic deficit'. That is: 1....

This is the introduction to a book that explains and interprets important international agreements, beginning with the landmark Agreement on Trade Related Aspects of Intellectual Property (TRIPS), but also including more recent free trade agreements and the pending Anti-Counterfeiting Trade...

Section I of this article includes a brief explanation of the WIPO treaty process. Section II gives an overview of how a patent system would function with the proposed changes. A chart, keyed to the draft treaty articles, is included to show the functional role of each provision. While this...

It is hoped that this rather comprehensive review, of patent law harmonization treaty work in process, will help organizations and individuals evaluate the current situation and prepare recommendations for their representatives, governmental and nongovernmental, who will participate in the final...

This essay focuses on hostile business takeovers to illustrate the significance that cultural differences among nations can play in developing a harmonized European Union law. After 12 years of development, the EU Directive regulating hostile takeovers, to everyone’s surprise, was voted down...

This response to Barton Beebe explores whether contemporary experience in Europe supports the central arguments advanced by Beebe in The Supressed Misappropriation Origins of Trademark Antidilution Law. The development of E.U. law is largely consistent with the idea that dilution law is in part...

Tensions between the EU’s legal order and the international investment law regime are not exclusive to the Brexit era, but they certainly gained momentum in the aftermath of this referendum. By incautiously declaring that the UK will remain a party to the Unified Patent System regardless of...

This commentary focuses on Article 8.30 CETA, which is entitled ‘Ethics’ and sets ethical rules for the Members of the CETA Tribunal and the Appellate Tribunal. The European Commission presents this precept in a succinct paragraph, highlighting the key issues addressed and the main novelties...

This book analyses the Takeover Bid Directive in the light of EU Law, and examines the extent to which this Directive facilitates the exercise of the fundamental freedom of establishment and the free movement of capital in the internal market. Takeover bids are very important for the internal...

This paper analysis the implications of the judgment of the European Court of Justice in which it struck down the first European Union (EU) Tobacco Directive (case C-376/98) for harmonization measures in the European internal market. This judgment from 2000 is not only of vital important for the...