scholarly journals Hedge or Counterweight? New Constitutionalism and the Role of the Canadian Charter of Rights and Freedoms in Intellectual Property Litigation

2021 ◽  
pp. 318-340
Author(s):  
Graham Reynolds
Keyword(s):  
International Trade ◽  
Intellectual Property ◽  
Canadian Charter ◽  
The Public ◽  
Trade Law ◽  
International Trade Law ◽  
The Government ◽  
Government Of Canada ◽  
Lock In ◽  
Ip Law

This chapter looks at Canadian intellectual property law through a new constitutionalist lens. Over the past few decades, Canada has been the target of several international measures in the area of IP law. The chapter examines these measures through the lens of the theory of new constitutionalism. Doing so suggests that these measures have certain significant similarities: they all seek to use international trade law as a means through which to lock in strong protections for owners under Canada's IP system and to limit the ability of either the Government of Canada or Canadian courts to shape IP laws so as to constrain the exclusive rights of IP owners. Beginning from the position that IP rights ought to ‘serve human values’, the chapter proceeds by considering whether, and to what extent, the Canadian Charter of Rights and Freedoms (Canadian Charter) can produce counter-norms to those promoting strong protection for right-holders that are provided by international trade law. It argues that while the Canadian Charter has traditionally had little impact on Canada's IP system, it can and ought to play a more prominent role in this area by helping to preserve space for the Government of Canada to legislate in the public interest.

China's Rippo of Zippo: expanding the costs of pirated intellectual property

2011 ◽  
Vol 1 (3) ◽  
pp. 1-3
Author(s):  
A. D. Amar
Keyword(s):  
International Trade ◽  
Intellectual Property ◽  
Large Scale ◽  
Life Time ◽  
Subject Area ◽  
Master's Level ◽  
Content Type ◽  
Trade Law ◽  
International Trade Law ◽  
Local Logic

Subject area International business; business ethics; international trade law; intellectual property Study level/applicability Undergraduate and Master's level courses in Business and Management, particularly with a focus on international trade. Case overview This case covers the issues that surround piracy of intellectual property by highlighting illegal manufacture and distribution of millions of Zippo brand windproof lighters and considers the seriousness of the large-scale theft of intellectual property by civilized nations. The focus of this case is on the additional victimization of the producers of genuine products, mostly European and American, who have the policy of life-time repair-or-replace warrantee, which by extension, although wrongly, becomes applicable to their counterfeits. Some micro and macro aspects are covered in detail, some are alluded to, while others are left out for the teachers of this case to justify considering the local logic and culture. Expected learning outcomes There are major lessons embedded in this case: first, intellectual piracy is not less than the theft of tangible property. Second, the problem of piracy carried out by large, civilized countries is really serious because of its huge size. Third, if the rights of those developing innovation are not protected and they cut their investments in R&D, the consequence will hurt all people in the world – emerging and developed. Supplementary materials Teaching note.

Animal Welfare and the Wto: The Legality and Implications of Live Export Restrictions under International Trade Law

2014 ◽  
Vol 42 (2) ◽  
pp. 279-307 ◽  
Author(s):  
Radhika Chaudhri
Keyword(s):  
International Trade ◽  
Animal Welfare ◽  
Export Trade ◽  
The Public ◽  
Trade Law ◽  
International Trade Law ◽  
Appellate Body ◽  
Export Restrictions ◽  
Set Up ◽  
Live Export

In Australia, controversial incidents regarding the treatment of live animals exported from Australia spark regular debate on whether the live export trade should be banned or more tightly regulated. Government responses to public outcry often take the form of restrictions on the trade of the animals concerned, but the legality of unilateral measures of this kind is yet to be directly considered by the World Trade Organization's Appellate Body. This article examines the legality of imposing restrictions on live export under the international trade law regime set up by the General Agreement on Tariffs and Trade 1994 (‘GATT’),1 and in particular, whether such measures could be justified under Article XX. In exploring this question, special attention is given to the Australian government's new regulatory framework, as introduced by the Export Control (Animals) Amendment Order 2012 (No 1), which imposes an exporter supply chain assurance obligation on Australian suppliers. In addition, in light of the continued calls from animal welfare groups to ban the trade entirely, the legality of a complete moratorium on live exports will also be considered. Although the exceptions in Articles XX(b) and XX(g) of the GATT appear to be relevant to live exports, ultimately any regulation might be best supported under the ‘public morals’ exception in Article XX(a). However, care will need to be taken in the design of any restriction to avoid breaching the strict chapeau requirements of Article XX.

scholarly journals Nanotechnology Development and Transference in the International Trade Law and the Intellectual Property Rights

2016 ◽  
Vol 10 (1) ◽  
pp. 155
Author(s):  
Shila Taheri
Keyword(s):  
International Trade ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Critical Issue ◽  
Trade Law ◽  
International Trade Law ◽  
Legal Challenges ◽  
Research Findings ◽  
Nanotechnology Development

The preset essay analyzes the nanotechnology development and transference in the international trade law and the intellectual property rights by implementing descriptive analytic method. The research findings show that determining the role and position and the function of intellectual property systems within the modern nanotechnology intellectual property at the international scenery and analyzing the plans and codifying policies and special protective programs in terms of development and enhancement of intellectual property in this technology and comprehensive approaches in support of the international intellectual property and change and correction of the organizational offices of nano patents registration is a critical issue. Codifying coordinated regulations for University research centers to ensure the unity of the researchers, lack of definite and fixed output for commercializing, study of the increasing mass of the number of registered patents, rise of the complexity of the patents (interdisciplinary patents) that lead to the limitations for the innovators in obtaining intellectual property rights, lack of the cooperation of the developing countries because of the obstacles of registering patents and being bereft of the benefits of nano because of the high expenses of registering the patents and the administration guarantee of the international documents are among the legal challenges of the intellectual property in nanotechnology.

scholarly journals United States – Section 211 Omnibus Appropriations Act of 1998 (WT/DS176/AB/R) A Comment

2005 ◽  
Vol 4 (S1) ◽  
pp. 179-219 ◽  
Author(s):  
Robert Howse ◽  
Damien J. Neven
Keyword(s):  
United States ◽  
International Trade ◽  
Intellectual Property ◽  
Economic Analysis ◽  
Intellectual Property Protection ◽  
Costs And Benefits ◽  
Ip Protection ◽  
Trade Law ◽  
International Trade Law

As usual the authors have divided their labor, based on expertise. In particular, the economic analysis in section 4 was the responsibility of Damien Neven; Robert Howse’s own understanding of the costs and benefits of international trade law rules with respect to intellectual property protection in general depends on a rather different framework for analysing the problem. However, in so far as the legal and economic analysis of the Havana Club case itself is concerned, which deals only with trademarks as a form of IP protection, the authors are in agreement.

The Perspective of World Trade Law on IP Rights

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
International Trade ◽  
Intellectual Property ◽  
Property Rights ◽  
Potential Barrier ◽  
World Trade ◽  
Ip Protection ◽  
Multilateral Trade ◽  
Trade Law ◽  
International Trade Law

This chapter takes the perspective of international trade law, as embodied in the General Agreement on Tariffs and Trade (GATT), and examines how the rules on trade in goods address intellectual property (IP) protection and enforcement measures. It first looks at IP protection and enforcement as a potential barrier to and facilitator of global trade. Next, early GATT cases are discussed as examples for how national IP rights fared under multilateral trade rules in a pre-Trade Related Aspects of International Property Rights (TRIPS) era. The chapter then scrutinizes whether the same holds true in a post-TRIPS environment that is commonly characterized by TRIPS-plus protection and enforcement measures. Hereafter, certain provisions from the GATT are discussed as the central conflict norm in the trade–IP relationship. Finally, the chapter returns to the role of TRIPS in assessing IP protection and enforcement measures as potential breaches of GATT.

John H. Jackson (1932–2015)

2016 ◽  
Vol 110 (2) ◽  
pp. 260-268
Author(s):  
Donald McRae
Keyword(s):  
International Trade ◽  
International Law ◽  
World Trade ◽  
Legal Scholar ◽  
Economic Law ◽  
Trade Law ◽  
International Trade Law ◽  
The Law ◽  
The Government

It is with the deepest regret that the Journal records the passing of John Jackson—teacher, scholar, contributor to this Journal and longtime member of its editorial board, and pioneer of international trade and economic law. The following is a tribute to John in recognition of his immense contribution to international law.In 1969, World Trade and the Law of GATT was published. In some sense, this was the beginning of what is known today as international trade law. Based on meticulous research into documents of the General Agreement on Tariffs and Trade (GATT), which hitherto had barely seen the light of day and certainly not the eyes of scholars, the work was to be”pragmatic” and designed to address the “intricate complexity” of the law of GATT and to be of use to “the government or GATT official, the private attorney and the legal scholar.” The scale was ambitious but characteristically expressed in modest terms.

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