international trade and IP

Prof. Peter K. Yu

Benjamin N. Cardozo School of Law, Yeshiva University

Spring 2003



suggested paper topics

International Intellectual Property Regimes

  • The Berne Convention and Retroactivity Issues

  • The Paris Convention

  • The Madrid Agreement and Protocol

  • U.S. Accession to the Madrid System

  • Patent Cooperation Treaty

  • The Patent Harmonization Process

  • TRIPs and Global Counterfeiting Problem

  • TRIPs and Famous Marks

  • TRIPs and Geographical Indications

  • National Treatment and Reciprocal Protection of Intellectual Property Rights

  • TRIPS and Compulsory Licenses

  • TRIPS and Fair Use

  • TRIPS II and the Future of International Intellectual Property

  • WTO Dispute Settlement Mechanism and Its Effectiveness in Ensuring Compliance with the TRIPs Agreement

  • WIPO Internet Treaties and the U.S.-EU Digital Agenda

  • The Creation of International Intellectual Property Norms

  • The Formation of Regional Intellectual Property Regimes

  • Protection of Global Intellectual Property Rights Under APEC-like Regimes

  • Enforcement of Intellectual Property Rights in the Less Developed Countries (and in the Global Marketplace)

  • Parallel Imports and International Exhaustion

  • Folklore and Collective Rights

  • Protection of Folklore Under the Berne Convention and the TRIPs Agreement

  • Treaty Interpretation and the Meaning of International Intellectual Property Agreements

New Technologies and Globalization

  • Protection of Literary, Artistic, and Cultural Properties in Cyberspace

  • Protection of Trademarks and Patents in Cyberspace

  • Licensing of Global Intellectual Property Rights in the Digital Age

  • Internet Piracy and Counterfeiting Problem

  • Regulation of the Internet and Its Impact on Society and Culture

  • Encryption Technologies and Freedom of Expression

  • Circumvention Technologies and Anti-Circumvention Provisions

  • Jurisdictional Issues and New Communications Technologies

  • Conflict-of-Laws and Choice-of-Laws Issues in Cyberspace

  • Extraterritorial Jurisdiction and Choice of Forum in the Global Marketplace

  • The Draft Hague Convention of Jurisdiction and Recognition of Judgments

  • Res Judicata on Intellectual Property-Related Judgments

International Intellectual Property and Domain Names

  • WIPO Internet Domain Name Processes

  • Domain Names and Intellectual Property Rights

  • Domain Names and First Amendment

  • Uniform Domain Name Dispute Resolution Policy


  • ccTLDs and Cybersquatting in Foreign Countries

  • ccTLDs and Economic Development of Less Developed Countries

  • Internationalized Domain Names

  • Best Practices of Domain Name Registries

  • Domain Name Registration Agreements

  • National Sovereignty and the Control of the Legacy Root Servers

  • Regulation of Domain Names and Its Impact on Society and Culture

  • Jurisdictional Issues and Trademark Infringement on the Internet

Intellectual Property in the European Union

  • State Sovereignty and Harmonization of Intellectual Property Laws

  • Tension Between National Courts and the European Court of Justice

  • EU Harmonization Directives

  • Limits of EU Harmonization Directives

  • EU-U.S. Dispute over the Protection of Databases

  • EU-U.S. Dispute over Music Licensing

  • EU-U.S. Dispute over E-commerce Patents

  • Intellectual Property Rights and the EU Legislative Processes

Intellectual Property in Foreign Countries

        The 2002 National Trade Estimate Report on Foreign Trade Barriers is the most recent annual report issued by the Office of the United States Trade Representatives surveying the significant foreign barriers to U.S. exports.  The document was submitted to the President, the Senate Finance Committee, and appropriate committees in the House of Representatives to inform them about foreign barriers affecting U.S. exports of goods and services, foreign direct investment by U.S. businesses, and the protection of intellectual property rights.  The document contains a section on intellectual property rights protection, which examines current problems and recent development concerning the protection of intellectual property rights in foreign countries.

        In addition, various interest groups issue reports and position papers concerning the protection of intellectual property rights in the international community in general and foreign countries in particular.  These organizations include International Intellectual Property Alliance, Business Software Alliance, International Anti-Counterfeiting Coalition, Pharmaceutical Research and Manufacturers Association of America, International Trademark Association, Motion Picture Association of America, Recording Industry Association of America, International Federation of the Phonographic Industry, Microsoft Corporation, and Nintendo Corporation.

        Information is also available at websites of local government agencies and intergovernmental and nongovernmental organizations that deal with the  protection of intellectual property rights.  Some websites may contain information in the local language only.

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Last Updated: 28/01/08

2001 Peter K. Yu
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