Section 337 and National Treatment under GATT: A Proposal for Legislative Reform

This Article discusses the GATT panel reports on Section 337, the U.S. reaction to the GATT findings and possible amendments to Section 337 that would put the United States in compliance with its international obligations. Taking into account the difficult balancing act necessary to change Section 337 the authors attempt to take these requirements into account in suggesting ways out of the quandary in which the United States and its trading partners now find themselves

Fictitious Commodities: A Theory of Intellectual Property Inspired by Karl Polanyi’s “Great Transformation”

The puzzle this Article addresses is this: how can it be explained that intellectual property (IP) laws and IP rights (IPRs) have continuously grown in number and expanded in scope, territorial reach, and duration, while at the same time have been contested, much more so than other branches of property law? This Article offers an explanation for this peculiar dynamic by applying insights and concepts of Karl Polanyi’s book “The Great Transformation” to IP. It reconstructs and then applies core Polanyian concepts of commodification (infra, II), fictitious commodities (infra, III), and countermovements (infra, IV) to the three main areas of IP, namely copyrights, patents, and trademarks, as they have evolved and are currently regulated in international and selected national laws. The analysis reveals that the history of IP can be told in terms of Polanyi’s famous “double movement”: efforts to commodify virtually every reproducible input/output face equally persistent opposition, which points out the disruption that IPRs inflict upon communication and competition. Whereas IPRs dis-embed informational artefacts from the uninterrupted flow of societal exchange and subject them to prior authorization requirements, IP countermovements call for their re-embedding, i.e. their usability irrespective of authorization. From a normative perspective, a Polanyian perspective on IP suggests that IP law and policy should ensure that market-based transactions coexist with non-market modes of accessing and sharing information so that authors, inventors, and other entrepreneurs have as many options as possibl

Strangers in the night:a comparative study on the socio-legal difficulties of importing America’s Bayh-Dole legislation to South African universities

In 2008, the South African parliament passed the Intellectual Property Rights from Publicly Financed Research and Development Act, which came into effect on 2 August 2010. In doing so, South Africa sought to replicate the apparent success of the United States of America’s Bayh-Dole legislation. One of the express objectives of the Bayh-Dole Act is the increase in university-industry collaborations. Whilst U-I has not been expressly stated as a primary aim of the IPR Act, the legislative history has demonstrated that issues relating to U-I have permeated the political landscape from the inception of the IPR Act. It is therefore relevant - although hitherto unexplored - to consider whether South Africa’s IPR Act might have the same supposedly positive effect on U-I experienced by the Bayh-Dole Act. In answering this question, this paper chooses to focus on two factors which may be considered particularly pertinent in light of South Africa’s recent socio-legal landscape, namely (a) the lack of substantive patent examinations, and (b) government investment in higher education. To this end, it will be argued that the IPR Act will only serve to have a negative effect on U-I, if any at all

Measuring Infringement of Intellectual Property Rights

© Crown Copyright 2014. You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov. uk/doc/open-government-licence/ Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concernedThe review is wide-ranging in scope and overall our findings evidence a lack of appreciation among those producing research for the high-level principles of measurement and assessment of scale. To date, the approaches adopted by industry seem more designed for internal consumption and are usually contingent on particular technologies and/or sector perspectives. Typically, there is a lack of transparency in the methodologies and data used to form the basis of claims, making much of this an unreliable basis for policy formulation. The research approaches we found are characterised by a number of features that can be summarised as a preference for reactive approaches that look to establish snapshots of an important issue at the time of investigation. Most studies are ad hoc in nature and on the whole we found a lack of sustained longitudinal approaches that would develop the appreciation of change. Typically the studies are designed to address specific hypotheses that might serve to support the position of the particular commissioning body. To help bring some structure to this area, we propose a framework for the assessment of the volume of infringement in each different area. The underlying aim is to draw out a common approach wherever possible in each area, rather than being drawn initially to the differences in each field. We advocate on-going survey tracking of the attitudes, perceptions and, where practical, behaviours of both perpetrators and claimants in IP infringement. Clearly, the nature of perpetrators, claimants and enforcement differs within each IPR but in our view the assessment for each IPR should include all of these elements. It is important to clarify that the key element of the survey structure is the adoption of a survey sampling methodology and smaller volumes of representative participation. Once selection is given the appropriate priority, a traditional offline survey will have a part to play, but as the opportunity arises, new technological methodologies, particularly for the voluntary monitoring of online behaviour, can add additional detail to the overall assessment of the scale of activity. This framework can be applied within each of the IP right sectors: copyright, trademarks,patents, and design rights. It may well be that the costs involved with this common approach could be mitigated by a syndicated approach to the survey elements. Indeed, a syndicated approach has a number of advantages in addition to cost. It could be designed to reduce any tendency either to hide inappropriate/illegal activity or alternatively exaggerate its volume to fit with the theme of the survey. It also has the scope to allow for monthly assessments of attitudes rather than being vulnerable to unmeasured seasonal impacts

2006-2007 Fordham Law School Faculty Bibliography

https://ir.lawnet.fordham.edu/fac_bib/1009/thumbnail.jp

The WTO Decision on Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health: A Solution to the Access to Essential Medicines Problem?

This is a pre-copy-editing, author-produced PDF of an article accepted for publication in Journal of International Economic Law following peer review. The definitive publisher-authenticated version [DOI: 10.1093/jiel17.1.73] is available online at: http://jiel.oxfordjournals.org/content/7/1/73.full.pd

Towards an Intellectual Property Rights Strategy for Innovation in Europe

On October 13, 2009 the Science and Technology Options Assessment Panel (STOA) together with Knowledge4Innovation/The Lisbon Forum, supported by Technopolis Consulting Group and TNO, organised a half-day workshop entitled ‘Towards an Intellectual Property Rights Strategy for Innovation in Europe’. This workshop was part of the 1st European Innovation Summit at the European Parliament which took place on 13 October and 14 October 2009. It addressed the topics of the evolution and current issues concerning the European Patent System as well as International Protection and Enforcement of IPR (with special consideration of issues pertaining to IP enforcement in the Digital Environment). Conclusions drawn point to the benefits of a comprehensive European IPR strategy, covering a broad range of IP instruments and topics