scholarly journals Intellectual Property Rights and International Trade of Agricultural Products

2016 ◽  
Vol 80 ◽  
pp. 1-18 ◽  
Author(s):  
Mercedes Campi ◽  
Marco Dueñas
Keyword(s):  
International Trade ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Agricultural Products

scholarly journals PENGATURAN PERDAGANGAN JASA DALAM HUKUM EKONOMI INTERNASIONAL

2017 ◽  
Vol 3 (1) ◽  
Author(s):  
Djoni Satriana
Keyword(s):  
International Economic ◽  
International Trade ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
International Business ◽  
Economic Activity ◽  
Rapid Development ◽  
Trade In Services ◽  
International Economic Law

International trade as one part of economic activity or business activities, in the last decade shows very rapid development, amid increasing concern businesses to international business activities. This phenomenon can be observed from the growing flow of circulation of goods, services, capital and labor between countries, as well as the development of business activities through relations import-export, investment, trade in services, license and franchise (license and franchise), intellectual property rights as well as various types of trade other international.Keywords: Setting for Trade in Services, International Economic Law

Turning Trips on Its Head: An "IP Cross Retaliation" Model for Developing Countries

2010 ◽  
Vol 3 (2) ◽  
Author(s):  
Shamnad Basheer
Keyword(s):  
Developing Countries ◽  
International Trade ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The United States ◽  
Public Performance ◽  
Trade Disputes ◽  
Suspension Model ◽  
The U.S

The biblical David vs. Goliath paradigm plays out very frequently in international trade disputes. In 2003, a tiny island state, Antigua and Barbuda (hereafter Antigua) took on the United States (hereafter U.S.) in a WTO (World Trade Organization) dispute, alleging that the U.S. violated the General Agreement on Trade in Services (hereafter GATS) obligations by effectively foreclosing its borders to overseas internet gambling services. It won at both the panel and the appellate levels. However, to this date, it has been unable to secure compliance by the U.S.This paper considers “cross retaliation" by suspending intellectual property rights under the Trade Related Intellectual Property Rights Agreement (hereafter TRIPS) as a viable remedy for developing countries such as Antigua that often find themselves at the receiving end of WTO inconsistent measures maintained by countries that are economically more powerful.Towards this end, it proposes a “Tiered IP suspension model," where certain kinds of Intellectual Property (hereafter IP) are targeted first for suspension before others, depending on the ease of objectively ascertaining the harm caused by the unauthorized use of such IP and/or the potential to induce compliance by the defaulting state. Illustratively, copyrights over sound recordings that have established rates for public performance are targeted first. If working with this tier of IP subject matter does not yield desired results, then the complaining state moves on to other IP where it is relatively more difficult to compute the loss caused to the IP owner (such as pharmaceutical patents) but which may be a more powerful tool to induce compliance. Such a model could be useful for a large number of developing countries, such as India and Brazil, that often find that, despite WTO victories, scofflaw states such as the U.S. and EU fail to comply. Towards this end, this paper offers a very concrete “development" oriented international trade law remedy.

Philip Morris v. Uruguay: The Punta del Este Declaration on the Implementation of the WHO Framework Convention on Tobacco Control

2011 ◽  
Vol 2 (2) ◽  
pp. 254-260 ◽  
Author(s):  
Benn McGrady
Keyword(s):  
International Trade ◽  
Intellectual Property ◽  
Property Rights ◽  
Tobacco Control ◽  
Intellectual Property Rights ◽  
International Investment ◽  
Philip Morris ◽  
The Relationship ◽  
Investment Agreements ◽  
Trade And Investment

In November 2010, 171 Parties to the WHO Framework Convention on Tobacco Control (WHO FCTC) unanimously adopted the Punta del Este Declaration on implementation of the Convention. The Declaration follows the filing of an international investment claim against Uruguay by Philip Morris Products (Switzerland) and related companies. The Declaration reaffirms the commitment of the 171 WHO FCTC Parties to implementation of the Convention and addresses the relationship between the WHO FCTC and international trade and investment agreements, particularly in the context of intellectual property rights. This article outlines the Request for Arbitration, sets out the Declaration and the broader normative context in which it arose before touching briefly on the implications of the Declaration.

scholarly journals International trade risks

2019 ◽  
Vol 292 ◽  
pp. 01047
Author(s):  
Eva Hoke ◽  
Jan Marada ◽  
Romana Heinzová
Keyword(s):  
International Trade ◽  
Czech Republic ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The Czech Republic ◽  
Business Partners ◽  
National Market ◽  
Customs Administration ◽  
The Eu

There are a number of risks in the international trade associated with differences in the regulatory environment, logistics, geographical distance and the common misunderstanding among business partners. It would not be possible to comprehensively cover all risks because of the scale of the contribution. The paper deals the characteristics and mapping of international trade risks in the area of protection of intellectual property rights and consumer protection, as well as the processing of statistics on the occurrence of counterfeit frequency in the Czech Republic. The authors briefly described the basic concepts such as counterfeit, dangerous product, dangerous food, intellectual property rights, and international trade risks. The main part of the contribution already contains the interpretation of the achieved results. Based on the analysis and controlled interviews with practitioners, the customs procedure is described and the statistics of goods detained in the customs market both on the national market and on the EU market are processed and compared. The conclusion of the work summarizes the results and outlines possible future development of the Customs Administration of the Czech Republic.

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