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Author: Michael G. McManus Publisher: ISBN: 9781588523778 Category : Competition, Unfair Languages : en Pages : 0
Book Description
This handbook is designed to show that Section 337 investigations are an underutilized tool that should be in every IP practitioner's toolkit. Section 337 of the Tariff Act of 1930 prohibits unfair competition related to the importation of products into the United States that infringe valid U.S. patents, copyrights, trademarks or embody a misappropriated trade secret. The United States International Trade Commission (ITC) is a federal agency that provides trade expertise to the government and oversees Section 337 investigations and proceedings. This timely handbook offers a guide to the intricacies of Section 337 procedure and demystifies the ITC as a legal venue in an effort to help practitioners select the optimal forum for their clients' cases. Both authors are seasoned attorneys who practice Section 337 litigation before the ITC, U.S. district courts and circuit courts of appeals, bringing a wealth of experience and guidance to the reader.
Author: Michael G. McManus Publisher: ISBN: 9781588523778 Category : Competition, Unfair Languages : en Pages : 0
Book Description
This handbook is designed to show that Section 337 investigations are an underutilized tool that should be in every IP practitioner's toolkit. Section 337 of the Tariff Act of 1930 prohibits unfair competition related to the importation of products into the United States that infringe valid U.S. patents, copyrights, trademarks or embody a misappropriated trade secret. The United States International Trade Commission (ITC) is a federal agency that provides trade expertise to the government and oversees Section 337 investigations and proceedings. This timely handbook offers a guide to the intricacies of Section 337 procedure and demystifies the ITC as a legal venue in an effort to help practitioners select the optimal forum for their clients' cases. Both authors are seasoned attorneys who practice Section 337 litigation before the ITC, U.S. district courts and circuit courts of appeals, bringing a wealth of experience and guidance to the reader.
Author: Graeme B. Dinwoodie Publisher: Aspen Publishers ISBN: 9781454827825 Category : Competition, Unfair Languages : en Pages : 0
Book Description
Features: Organizes the many strands of trademark and unfair competition doctrine around a coherent conceptual framework. The clear structure is divided into three parts: foundation and purposes, creation, and scope and& enforcement Traditional case-and-note format, enhanced by summarizing problems that help students better understand the intricacies of key topics. Features numerous Internet-related trademark issues, such as cybersquatting, keyword advertising, and domain name disputes. Also addresses the relationship between trademarks and domain name, and the potential secondary liability of online auction websites such as eBay Integrates international trademark issues with domestic issues Thoroughly treats trade dress protection, integrated with issues of word mark protection New to the Fourth Edition: The Second Circuit's important decision in Louboutin v. YSL Important new appellate decisions on functionality, including the Federal Circuit's Becton Dickinson opinion and the decision of the Seventh Circuit in Franco and Sons The Fourth Circuit's decision in Rosetta Stone on trademark liability for keyword advertising The Eleventh Circuit's University of Alabama opinion on First Amendment limitations on the scope of trademark rights Cases exploring trademark fair use, including the DELICIOUS shoes case and the Tabari case on nominative fair use in connection with domain names New applications of the trademark dilution and anti-cybersquatting provisions New cases on remedies
Author: Tim W. Dornis Publisher: Cambridge University Press ISBN: 1107155061 Category : Law Languages : en Pages : 699
Book Description
This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.
Author: John Howard Jackson Publisher: MIT Press ISBN: 9780262600279 Category : Business & Economics Languages : en Pages : 464
Book Description
Since the first edition of The World Trading System was published in 1989, the Uruguay Round of trade negotiations has been completed, and most governments have ratified and are in the process of implementing the General Agreement on Tariffs and Trade (GATT). In the Uruguay Round, more than 120 nations negotiated for over eight years, to produce a document of some 26,000 pages. This new edition of The World Trading System takes account of these and other developments. Like the first edition, however, its treatment of topical issues is grounded in the fundamental legal, constitutional, institutional, and political realities that mold trade policy. Thus the book continues to serve as an introduction to the study of trade law and policy. Two basic premises of The World Trading System are that economic concerns are central to foreign affairs, and that national economies are growing more interdependent. The author presents the economic principles of international trade policy and then examines how they operate under real- world constraints. In particular, he examines the extremely elaborate system of rules that governs international economic relations. Until now, the bulk of international trade policy has addressed trade in goods; issues inadequately addressed by policy include trade in services, intellectual property rights, certain investment measures, and agriculture. The author highlights the tension between legal rules, designed to create predictability and stability, and the governments need to make exceptions to solve short-term problems. He also looks at weaknesses of international trade policy, especially as it applies to developing countries and economies in transition. He concludes with a look at issues that will shape international trade policy well into the twenty-first century.
Author: William Anthony Lovett Publisher: M.E. Sharpe ISBN: 9780765603241 Category : Business & Economics Languages : en Pages : 244
Book Description
A critical review of recent U.S. trade policies that have failed to enforce sufficient reciprocity and overall trade balance, with suggestions for policies that foster a more balanced and realistic pattern of world trade growth.
Author: Shayerah Ilias Publisher: Nova Publishers ISBN: 9781604565621 Category : Business & Economics Languages : en Pages : 84
Book Description
Introduction -- Intellectual property rights basics -- Global intellectual property holdings -- Contribution of intellectual property to U.S. economy -- The organized structure of IPR protection -- U.S. trade law -- Issues for Congress.
Author: Pietro S. Nivola Publisher: Brookings Institution Press ISBN: 9780815720362 Category : Business & Economics Languages : en Pages : 212
Book Description
In the early 1980s, American complaints about unfair trade practices began to intensify. Sunrise industries, such as manufacturers of semiconductors and telecommunications equipment, joined older complainants, including steel and textile producers, in seeking more safeguards against international competitors who priced their products too aggressively or whose governments subsidized exports or protected home markets. In this politically charged atmosphere, the U.S. government has devised increasingly stringent regulatory programs to address the claimed abuses and distortions. In this book, Pietro Nivola examines the strenuous effort to combat the objectionable trading practices of other countries. Through most of the postwar period, Nivola notes, policymakers had deemed it in the nation's economic and strategic interests to tolerate asymmetries and infractions in the international trading order. But that tolerance has been sharply lowered by heightened sensitivity to inequities, and a growing conviction that government should intervene, frequently and forcefully, to ensure a "level playing field." The book maintains that foreign protectionism lower East-West tensions, and alleged American decline in the face of international competition cannot fully explain the stiffening regulation of unfair trade. The world trading system, Nivola contends, is not more restrictive now than it was earlier. Cries about foreign commercial transgressions in recent years have remained shrill despite a formidable U.S. export boom and an improved current account valance. Much of the U.S. regulatory activity has acquired a political momentum of its own. The activity has increased not just because global competitive pressures have generally intensified but because we have developed more ways and inducement to complain about those pressures. Nivola cautions that trade regulations now bears too much of the burden for ameliorating economic imbalances and deficiencies. The tendency a
Author: Michael G. McManus
Author: Michael G. McManus
Author: Graeme B. Dinwoodie
Author: 
Author: Tim W. Dornis
Author: John Howard Jackson
Author: William Anthony Lovett
Author: Kevin Watkins
Author: Shayerah Ilias
Author: Pietro S. Nivola
Author: Morris E. Morkre