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United States – Section 211 Omnibus Appropriations Act of 1998 (WT/DS176/AB/R) A Comment

  • Robert Howse (a1) and Damien J. Neven (a2)
Extract

As usual the authors have divided their labor, based on expertise. In particular, the economic analysis in section 4 was the responsibility of Damien Neven; Robert Howse’s own understanding of the costs and benefits of international trade law rules with respect to intellectual property protection in general depends on a rather different framework for analysing the problem. However, in so far as the legal and economic analysis of the Havana Club case itself is concerned, which deals only with trademarks as a form of IP protection, the authors are in agreement.

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References
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Beebe, B. (2003), The semiotic analyis of trademark law, Mimeo, Benjamin Cardozo School of Law, Yeshiva University.
Coombe, R. (1998), The Cultural Life of Intellectual Properties: Authorship, Appropriation, and the Law. Durham, NC: Duke University Press.
Economides, N. (1984), The economics of trademarks, WP 21, Columbia.
Grossman, G. and Lai, E. (2002), International protection of intellectual property, NBER Working Paper N° 8704.
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Howse, R. and Nicolaidis, K. (2003), Enhancing WTO Legitimacy: Constitutionalization or Global Subsidiarity? Governance 16, no. 1 (2003): 7394.
Howse, R. and Tuerk, E. (2001), The WTO Impact on Internal RegulationsA Case Study of the Canada-EC Asbestos Dispute, in The EU and the WTO: Legal and Constitutional Issues, edited by de Burca, G. and Scott, J., 283328. Oxford: Hart Publishing.
Landes, W. and Posner, R. (1987), Trademark law: an economic perspective, The Journal of Law and Economics, 30 (2), 265310.
Landes, W. and Posner, R. (2003), The Economic Structure of Intellectual Property Law. Cambridge, MA: The Belknap Press of Harvard University Press.
Maskus, K. (2000), Intellectual Property Rights in the Gobal Economy. Washington, DC: The Institute for International Economics.
Nordhaus, W. (1969), Invention, Growth and Welfare: a Theoretical Treatment of Technological Change. Cambridge, MA: MIT Press.
Scotchmer, S. (2002), The political economy of intellectual property treaties, NBER Working Paper N° 9114.
Van Wezel Stone, Katherine (1999), To the Yukon and Beyond: Local Laborers in a Global Labor Market. Journal of Small and Emerging Business Law.
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World Trade Review
  • ISSN: 1474-7456
  • EISSN: 1475-3138
  • URL: /core/journals/world-trade-review
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