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18 Cards in this Set
- Front
- Back
The main objectives of countries after the fall of communism was to achieve economic development. How did they try to achieve this?
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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.
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What is globalization?
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Globalization is the free movement of people, goods, money, services and technology around the world.
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What are the causes of globalization?
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- Political and legal reforms
- Free market capitalism - Economic development - International trade and MNEs - Technological advances |
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What role does IP Law play in facilitating the growth of international trade?
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IP Law plays a key role in facilitating the growth of international trade:
- Trade in goods - Trade in services - Knowledge and technology transfer - FDI |
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Why do so many countries seek access to technology?
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- Focus on economic development
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What is economic development is dependent on?
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Economic development is dependent on technological development.
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What does IP Law regulate?
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IP law regulates the export of technology intensive goods and technology transfer.
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How does IP law have an impact on a nation’s economic development?
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IP law has a tremendous impact on a nation's development:
Developed nations => strong IP protection Developing nations => weaker IP protection |
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In making IP law, what was the goal?
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The goal was harmonization:
(1) Harmonizing transaction costs (2) Eliminating barriers to global trade |
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How is harmonization achieved?
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“Make other to replicate”
“Harmonize-up” |
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What are the limits on harmonization?
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Limits:
- Different markets and administrative systems - Domestic courts |
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What is the International System of IP Law composed of?
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The international “system” of IP is composed of two general types of law:
(1) National IP law (2) International and Multilateral IP Treaties |
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How do these two types of law interrelate?
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?
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What are the Principles of Territoriality?
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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 |
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What is the Theory of “Jurisdiction to Prescribe?”
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?
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Based on what (3) things does a nation have the authority to enact valid and binding laws?
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A nation has the authority to enact valid and binding laws based on:
- The Principle of Territoriality - The Principle of Nationality - The Effect Doctrine |
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What were the two main issues in Subafilms v. MGM?
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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? |
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Subafilms v. MGM?
Issue 2: - Does the US copyright law extend to extraterritorial acts? |
- 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 |