Category Archives: International

The Path of Internet Law: An Annotated Guide to Legal Landmarks

By: Michael L. Rustad & Diane D’Angelo The evolution of the Internet has forever changed the legal landscape. The Internet is the world’s largest marketplace, copy machine, and instrumentality for committing crimes, torts, and infringing intellectual property. Justice Holmes’s classic … Continue reading

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The Impacts of the Chinese Anti-Monopoly Law on IP Commercialization in China & General Strategies for Technology-Driven Companies and Future Regulators

By: Yijun Tian After thirteen years of discussion and three revisions, China’s Anti-Monopoly Law (AML) was promulgated on August 30, 2007 and has come into effect on August 1, 2008. It is the first anti-monopoly law in China and has … Continue reading

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The International Trade Commission: Potential Bias, Hold-Up, and the Need for Reform

By: William Dolan The International Trade Commission (ITC) is an alternate venue for holders of U.S. patents to pursue litigation against infringing products produced abroad and imported to the United States. Because the ITC may only grant injunctive relief, it … Continue reading

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Experimenting With Territoriality: Pan-European Music License and the Persistence of Old Paradigms

By: Ana Eduarda Santos This article tells the story of what could have been an interesting and important shift in our approach to territoriality in the digitalized world. Europe had the chance to be the cradle of an unprecedented copyright … Continue reading

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The Constitutionality of WIPO’s Broadcasting Treaty: The Originality and Limited Times Requirements of the Copyright Clause

By: Adam R. Tarosky Because the proposed WIPO Broadcasting Treaty extends perpetual copyright-like protections to unoriginal information, its implementation would violate at least two fundamental limitations on Congress’s Copyright Clause power: the originality and “limited times” requirements. But Congress has … Continue reading

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Protecting Intellectual Property in the Developing World: Next Stop—Thailand

By: Cortney M. Arnold This iBrief examines the U.S. strategy for strengthening the protection of intellectual property rights (IPRs) in Southeast Asia through the use of free trade agreements (FTAs). After briefly examining the U.S. methodology for strengthening IPRs outside … Continue reading

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Mining the Common Heritage of Our DNA: Lessons Learned From Grotius and Pardo

By: Jasper A. Bovenberg The Human Genome Project generated oceans of DNA sequence data and spurred a multinational race to grab the bounties of these oceans. In response to these DNA property grabs, UNESCO, drawing upon international law precedents addressing … Continue reading

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China’s WAPI Policy: Security Measure or Trade Protectionism?

By: Zia K. Cromer In December of 2003, the Chinese government announced that all WLAN equipment sold in China must conform to a propriety standard called WAPI, rather than the internationally accepted Wi-Fi standard. Moreover, for foreign firms to gain … Continue reading

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The SPS Agreement: Can It Regulate Trade in Nanotechnology?

By: James D. Thayer Recent studies have shown that nanoparticles, which are approximately 1 to 100 billionths of a meter in size, present unique health and environmental risks. Nevertheless, products enhanced by nanoparticles, such as sunscreen, golf balls, and hard … Continue reading

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The European Union “Software Patents” Directive: What Is It? Why Is It? Where Are We Now?

By: Robert Bray This paper has been adapted from a presentation given by the author at Duke University School of Law’s “Hot Topics in Intellectual Property Law Symposium” on April 1, 2005. It first presents an overview of the EU … Continue reading

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The Trade of Cross-Border Gambling and Betting: The WTO Dispute Between Antigua and the United States

By: James D. Thayer The first ecommerce dispute to come before the World Trade Organization (“WTO”) was billed to be one of David and Goliath proportion. The tiny twin-island nation-state of Antigua and Barbuda challenged the United States’ ban on … Continue reading

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A Manifesto on WIPO and the Future of Intellectual Property

By: James Boyle In this Manifesto, Professor Boyle claims that there are systematic errors in contemporary intellectual property policy and that WIPO has an important role in helping to correct them. Download Full Article (PDF) Cite: 2004 Duke L. & … Continue reading

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Europe: Open Market… Open Source?

By: Heather Forrest The recent Proposed Directive on the patentability of computer-implemented inventions takes the European Community a step further down the road towards patents for computer software. If the goal of the Proposed Directive is to facilitate market entry … Continue reading

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ICANN—Now and Then: ICANN’s Reform and Its Problems

By: Kim G. von Arx This paper sheds some light upon the major problem arising from the current normative infrastructure of the DNS and provides a possible solution to the current physical problem of the DNS. The paper’s main focus … Continue reading

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From Napster to Kazaa: The Battle Over Peer-To-Peer Filesharing Goes International

By: Seagrumn Smith The Recording Industry Association of America (RIAA) may have won its domestic battle against Napster, but as an increasing number of peer-to-peer (P2P) providers crop up overseas, it has become apparent that the file-swapping battle has really … Continue reading

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The Future of Wireless Spam

By: Evan Cramer Though US cellular networks currently lack the capacity for widespread distribution of unsolicited wireless advertising (wireless spam), these advertisements are already well known in Japan and Europe, where they have proven to be a significant burden on … Continue reading

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Microsoft and the European Union Face Off Over Internet Privacy Concerns

By: Seagrumn Smith Amidst what appears to be a multi-faceted attack by the European Union on Microsoft, the newest angle is the European Commission’s announcement last month that it was considering a formal investigation of Microsoft’s .Net Passport data processing … Continue reading

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U.S. Export Controls on Technology Transfers

By: Matthew Crane Companies selling technology products abroad must be careful that they have complied with regulations imposed on the exportation of technology products. This is especially true for companies seeking to export encryption technology. This iBrief explores the considerations … Continue reading

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International Liability in Cyberspace

By: Matthew Crane Activities in cyberspace often expose companies to “cybertorts”, a species of tort particularly difficult to reconcile with standard insurance policies. The author explores some of the difficulties in obtaining coverage for cybertorts from traditional insurance policies, and … Continue reading

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Offshore Offerings by Foreign Entities: How Far Will the SEC Reach to Regulate?

By: Melvina Carrick, Matthew Crane & Jennifer Hu Many countries’ regulatory regimes, including that of the United States, traditionally require registration of all investment services offers or securities sales to their citizens. Many have claimed that the Internet will make … Continue reading

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