International Ip Law

Front 1

The main objectives of countries after the fall of communism was to achieve economic development. How did they try to achieve this?

Back 1

To build their own economy, countries needed to export more, so they tried to increase international trade by starting to negotiate agreements between countries, which caused them to change their laws.

Front 2

What is globalization?

Back 2

Globalization is the free movement of people, goods, money, services and technology around the world.

Front 3

What are the causes of globalization?

Back 3

- Political and legal reforms
- Free market capitalism
- Economic development
- International trade and MNEs
- Technological advances

Front 4

What role does IP Law play in facilitating the growth of international trade?

Back 4

IP Law plays a key role in facilitating the growth of international trade:
- Trade in goods
- Trade in services
- Knowledge and technology transfer
- FDI

Front 5

Why do so many countries seek access to technology?

Back 5

- Focus on economic development

Front 6

What is economic development is dependent on?

Back 6

Economic development is dependent on technological development.

Front 7

What does IP Law regulate?

Back 7

IP law regulates the export of technology intensive goods and technology transfer.

Front 8

How does IP law have an impact on a nation’s economic development?

Back 8

IP law has a tremendous impact on a nation's development:
Developed nations => strong IP protection
Developing nations => weaker IP protection

Front 9

In making IP law, what was the goal?

Back 9

The goal was harmonization:
(1) Harmonizing transaction costs
(2) Eliminating barriers to global trade

Front 10

How is harmonization achieved?

Back 10

“Make other to replicate”
“Harmonize-up”

Front 11

What are the limits on harmonization?

Back 11

Limits:
- Different markets and administrative systems
- Domestic courts

Front 12

What is the International System of IP Law composed of?

Back 12

The international “system” of IP is composed of two general types of law:
(1) National IP law
(2) International and Multilateral IP Treaties

Front 13

How do these two types of law interrelate?

Back 13

?

Front 14

What are the Principles of Territoriality?

Back 14

The Principle of Territoriality:
- IP rights are territorial in nature and are created by national law
- International IP treaties establishes minimum standards of protection for IP laws

Front 15

What is the Theory of “Jurisdiction to Prescribe?”

Back 15

?

Front 16

Based on what (3) things does a nation have the authority to enact valid and binding laws?

Back 16

A nation has the authority to enact valid and binding laws based on:
- The Principle of Territoriality
- The Principle of Nationality
- The Effect Doctrine

Front 17

What were the two main issues in Subafilms v. MGM?

Back 17

Subafilms v. MGM
- Issue 1: does the mere authorization of an extraterritorial act constitute a violation of the Copyright Act?

- Issue 2: does the US copyright law extend to extraterritorial acts?

Front 18

Subafilms v. MGM?
Issue 2:
- Does the US copyright law extend to extraterritorial acts?

Back 18

- There was a presumption against extraterritorial application of US law
- Massey => ... this presumption MAY “overcome” when denying such application would “result in adverse effects within the United States”
- Consider:
(1) Congress’s obiectives;
(2) possible clashes of laws that could cause international discord