Intellectual Property

Court of Appeals for the Federal Circuit Announces Equal Protection Exception for Customs Cases: Totes-Isotoner v. United States

I. Introduction

The power to tax is the power to destroy, or at the very least, the power to make imports of men’s gloves more expensive than imports of women’s gloves. An international business person importing goods into the United States might think that a law which treated differently an identical men’s and women’s product would somehow run afoul of the United States Constitution’s Equal Protection Clause. The Court of Appeals for the Federal Circuit (Federal Circuit) has held that it does not.

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Volume: 
14
Issue: 
12
Author: 
Claire Kelly
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Chinese Import Restrictions on Publications and Entertainment Products Found to be WTO Inconsistent

Introduction

Topic: 
Volume: 
13
Issue: 
19
Author: 
Brendan McGivern
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Organizations of Note: 

WTO Panel Report on Consistency of Chinese Intellectual Property Standards

On March 20, 2009, the World Trade Organization (WTO) Dispute Settlement Body adopted the report of the dispute settlement panel in China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights (China – IPR).[1] The report addressed three claims brought by the United States alleging that certain Chinese measures are inconsistent with the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Topic: 
Volume: 
13
Issue: 
4
Author: 
James Mendenhall
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Canadian-made Drugs for Rwanda: The First Application of the WTO Waiver on Patents and Medicines

On July 17, 2007, Rwanda notified the World Trade Organization's (WTO) Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) that it plans to import the HIV-drug TriAvir from the Canadian company Apotex and will not enforce any patents granted in that respect in Rwanda.[1] Two months later, Canada issued a compulsory license allowing Apotex to use nine patented inventions for manufacturing and exporting TriAvir to Rwanda.

Topic: 
Volume: 
11
Issue: 
28
Author: 
Holger P. Hestermeyer
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The WTO Doha Round Negotiation: Suspended Indefinitely

Introduction

Topic: 
Volume: 
10
Issue: 
22
Author: 
Sungjoon Cho
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Biotech Products WTO Panel Report

Introduction

On February 7, 2006, a panel of the World Trade Organization (WTO) circulated its draft report on the high-profile dispute European Communities ? Measures Affecting the Approval and Marketing of Biotech Products to the parties. In May 2003, Argentina, Canada and the United States (US) had requested the establishment of a Panel because consultations with the EC on an amicable solution had failed.

Topic: 
Volume: 
10
Issue: 
5
Author: 
Daniel Wüger
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