Intellectual Property

Public Health and “Counterfeit” Medicines: The Role of the World Health Organization

Introduction

The normative and policy-setting functions of the World Health Organization (“WHO”) have been substantially influenced by the differences of opinion within WHO’s membership about the impact of trade and intellectual property (“IP”) rules on public health. In particular, WHO members differ as to the organization’s role in addressing the perceived failure of the pharmaceutical market to generate safe and affordable medicines for diseases predominantly affecting developing countries.

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Volume: 
17
Issue: 
2
Author: 
Gian Luca Burci
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Internet Governance and International Law: The Controversy Concerning Revision of the International Telecommunication Regulations

Introduction

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Volume: 
17
Issue: 
6
Author: 
David P. Fidler
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Knocking on the WTO’s Door: International Law and the Principle of First Sale Download in UsedSoft v. Oracle

Introduction

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Volume: 
17
Issue: 
5
Author: 
P. Sean Morris
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Risky Research and Human Health: The Influenza H5N1 Research Controversy and International Law

Introduction

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Volume: 
16
Issue: 
2
Author: 
David P. Fidler
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Going It Alone: The Anti-Counterfeiting Trade Agreement as a Sole Executive Agreement

Introduction

After years of controversy, a small group of countries, including the United States and European Union member states, announced in December 2010 that they had finalized a new "Anti-Counterfeiting Trade Agreement"[1] ("ACTA"). With the negotiations complete, attention has turned to a question that may at first appear obscure, but is in fact of enormous importance: Can the U.S. President make the agreement on his own, without Congressional approval?

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Volume: 
15
Issue: 
23
Author: 
Oona A. Hathaway and Amy Kapczynski
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Google, China, and Search

I. Introduction

Google’s recent decision to stop censoring its search results in China reflects the challenging position in which providers of information and communication technologies find themselves today. This Insight provides an overview of the debate about Google’s provision of search services in China and describes the framework of corporate social responsibility that applies to Internet providers operating in countries that restrict expression online.

II. Internet Regulation in China

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Volume: 
14
Issue: 
25
Author: 
Molly Beutz Land
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Organizations of Note: 

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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