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TRIPs Agreement introduced intellectual property rights (IPRs) into the multilateral trading system for the first time … during the Uruguay Round of world trade negotiations. However, TRIPs is at crossroad, pushed by one force from developed … countries calling for higher standard of IPRs and the other for integrating more social development concerns. Should TRIPs and …
Persistent link: https://www.econbiz.de/10014040513
International investment law is undergoing a time of reflection, review and revision. Increasing dissatisfaction with the functioning of the current system that governs the protection of international investment and the wish to ensure that investment is channelled towards sustainable development...
Persistent link: https://www.econbiz.de/10012855101
Debates continue to rage about the propriety of pharmaceutical patents, especially as required by the TRIPS Agreement … whether TRIPS is indeed a just law. One can also realize the steps that the major players – both nations and pharmaceutical …
Persistent link: https://www.econbiz.de/10013034855
Currently trademark bullying has become a serious concern for many small businesses that feel as though powerful corporations are abusing aggressive trademark enforcement and litigation techniques to crush genuine competition. No doubt these concerns merit the serious consideration of all...
Persistent link: https://www.econbiz.de/10013085735
Just as AI enables computers to perform increasingly complex tasks, it, however, also raises a host of novel issues at its intersection with the law, including issues for litigants in patent infringement suits. The investment in AI technologies likely will lead to an increase in AI-related...
Persistent link: https://www.econbiz.de/10013314386
Courts and commentators are sharply divided about how to assess “reverse payment” patent settlements under antitrust law. The essential problem is that a PTO-issued patent provides only a probabilistic indication that courts would hold that the patent is actually valid and infringed, and...
Persistent link: https://www.econbiz.de/10014167001
Contemporary intellectual property law applications illustrate a very dynamic and rapidly evolving conceptual environment. The proverbial conflict has been between the protection of intellectual creation and the general freedom to create de novo, including expressions of one’s intellect that...
Persistent link: https://www.econbiz.de/10014172643
In 1992, Congress passed the Professional and Amateur Sports Protection Act (PASPA), a statute designed to prevent the further spread of state-sponsored sports-wagering. The statute’s language has the effect of granting a property right to sports leagues, implicating the Constitution’s...
Persistent link: https://www.econbiz.de/10014141955
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....
Persistent link: https://www.econbiz.de/10014179369
gambling in India. Of the five questions posed in the Appeal, dated May 30, 2017, I address only the first two: 1) “Will …. Indeed, countries like India and the United States, which have strict prohibitions on betting and gambling, have seen vast …
Persistent link: https://www.econbiz.de/10012953269