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PLSC 380V Final: International law lecture

30 Pages

Political Science
Course Code
Virginia Brown

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International Law (Lecture) 20:53 3/17 1883 Paris Industrial Property 1886 Berne Copyright U.S. signed in 1989 Globalizing New, nationally applicable, Novelty standard- something has to already have a patent or has to be written up in scientific literature, every country has own standard of novelty Priority- A year to register in every other country *Intellectual property is national Exception- E.U trademark and design protection: can get trademark or industrial design certificate for all 28 countries at once 1940s: Between the two wars- era of globalization shut down -Countries began to close borders to everything -Diplomats abroad to find markets and kept out with high tariffs- nation states were structure, corporations provided jobs- governments protected them in competition in terms of imports -Trade is good -After second world war, new world economic order- done through Bretton Woods, set up institutions: World Bank- set up to give loans to countries and I MF – designed to regulate currency, $35 an ounce of gold GATT- General Agreements on Tariffs (tax on imported goods) and Trade – set up system whereby tariffs on industrial goods will come down over time Uruguay Late 1960s- early 1970s Oil crisis- response to Industrial countries supporting Israel, quadrupled price of oil Government decided it was going to get out, set out system that allowed corporations to make more money and fund own research- strengthen patents Patents conflict directly with Anti-Trust law (Competition law) Encourage companies to get patents Intellectual property is essentially anti-competitive, creates monopolies Required families to have two incomes in order to maintain standard of living Women started to want to go to work, allowed women to work-what used to take one income now required two- couldn’t get women into work force, everyone began to live on credit Mask economic decline- declined by two income household then masked by credit Beginning of genetic research 1973 Perfected Berkley and Stanford 1977 Cannot patent living things until 1980 Didn’t have to worry about copyright in terms of music, books, and movies since there was no way to copyright 1980s - Chakrabarty 1980 U.S. Supreme Court – doesn’t violate principles, new, industrial- patent living things - Policy shift out of manufacturing and into intellectual property - Most countries don’t agree with U.S. on intellectual property- make others systems look like ours - 1987, next round of GATT- entirely new world economy structure – Uruguay round opened- - TRIPs (Trade Related Intellectual Property) – four pharmaceutical companies got together & wrote TRIPs portion on World Trade Agreement o Other countries will allow patent on anything on food, medicine, genetically modified organisms o All countries will have intellectual property like ours and all countries will have services – harmonization – all countries under WTA under U.S. law Open your markets to our textile and to our food WTO- now has 159 members, has a court Services: banking, fast food Ex. McDonald’s story, provided a culture neutral place- new service that cut through traditional taboo Mortgage- alternative was that parents would pay in cash and buy it for you - GATS - Globalization - Globalized world- privatization, deregulation China opened up, Soviet Union collapsed, Eastern countries began to look left -“We’ll send the jobs to China,”- allow us to open factories or contract with local factories- made a point for China to open up so we can send jobs – what’s good for corporations is not for individuals anymore -Credit Cutting labor costs, heightened cost on intellectual property Whole economy was geared towards protecting intellectual property 1995- WTA, central enshrined American services and American intellectual property Everyone turning ease GMOS: two dominant technology have served to monopolize agriculture, deliver products with chemicals Monsanto- round up ready seeds- produce plants that are resistant to round up, everything will die except these plants – massive growth in application of weed-killer, patent – crops to resist round up BTs- bacteria in soil that is known to kill certain kinds of bugs, sold by companies to kill bugs – bt seeds, bacteria from soil is no longer sprayed on food but gene for killing insects is never washed out – put insecticide gene directly in food 3/19 * article in email shifts in default dollar currency 1970s- global empire/ economy oriented to things that U.S. had greatest power, included biotech increase in power in pharmaceutical company TRIPS was basically written by 12 pharmaceutical companies DORA WTO Growth of bilateral agreements and U.S pulling from WTO U.S. wants both trade agreements to Against GMO- never proven safe, deregulation- nothing should be done to harm industry, very difficult to prove dangerous Science departments are by in large funded privately Movies: Future of Food, Food, Inc. – biotech companies to sell seeds New Trade Agreements- U.S. wants the rest of the world to remove restrictions, whatever restrictions countries have on these products, they should remove them and open their markets Began to see people negotiating international agreements Film about Caribbean basin initiative- basically driving local farmers out of business, issue of tourism- Life and Debt movie- Pilot program for globalization Purpose of course to rubber stamp acts, stop trend of seeing intellectual property as violation of anti-trust law Saw that university patented science discoveries – much more likely to attract corporate grants – companies began to patent everything – Court of appeal for federal circuit (CAFC) Patent lawyers- most expensive- University’s would accumulate massive number of patents with no intent to do anything Patent trolls – offer cash then sue every one in sight then people would settle because to fight them in court would put them out of business Patent system is not encouraging Filing a patent is enormously expensive Intellectual property rights documents: Treaty foreign goods same way as national goods Difference between free trade agreements and customs unit Example: 3 countries- agreement amongst themselves but free to enter other countries while customs unit prevents other countries to come in without tariffs (wall surrounds them) Labor was cheaper *Most favored nation Exhaustion – principle of trade that says intellectual property is a national monopoly price based on what market can pay Parallel imports- imported into U.S. through someone other than official importer European Court of Justice in 1970s set up system whereby the owner of intellectual property puts good on market, rights to stop it from going over borders are exhausted- courts find solution to problem High volume- low profit- selling, heighten awareness keeps those out Europe wanted international exhaustion – U.S didn’t want circulation Patent and trademark monopoly is national Illegal to negotiate with pharmaceutical companies – Canada is cheaper WTO – must bring complaint to WTO – tourism and shipment Market should be only factor in deciding price Europe had an agreement with 77 countries that they would pay fair prices Read WTO section on courts document 3/24/15 Exhaustion – a concept that was developed in Germany in 1890s, producer tried to make claim that every time sold along the line- should get a sale price, but goods put on market- rights on good are exhausted Free movement of goods vs. national monopoly Stop people from bringing in outside goods and making and selling fake goods Rights are exhaustion only within EU In TRIPS because many wanted this to be expanded into the whole world, way of expanding on free movement of goods If international exhaustion- ability to charge highest price for goods would be destroyed Parallel imports nd Ex. Cheap electronics on 42 street U.S. license for canon – rather sell more than maintain high prices Ex. Toothpaste in dollar store- new market International property is a national system of monopolize Sometimes choose not to exercise parallel imports Can use local laws and local courts to protect Harmonization- you’re going to change your laws to be like mine so that one country can go in to use your courts to stop “Shall”- heavy weight legal word- have to expression of idea, can’t use *Computer Programs and Compilations of Data- source code be protected by copyright? Every country will make software copyrightable *Term of Protection- different periods of protecting copyright, extend copyright to 70 years, corporations for 90 years – harmonization *Protection of Performers, Producers of Phonograms and Broadcasting Organizations If you are a night club singer you have to pay the singe royalties, no law up till 1970s against selling video Record producers could not sue anyone for copying their records, lobbied congress to create new rights Sports- broadcast game? No rights – broadcast organization ahs the right to what they are showing, not to the game per se – owner will prohibit people from bringing in cameras –crime GMOS, in context of trade – they don’t want us to export corn and soil, we want to export it but other countries don’t want it Europe is based on precautionary principle- safe before put on market Taking away taboo of hereditary Monsanto controls 80% of world’s GMO market *GMO Case against EU *Greek against without paying royalities With the rise of computers and data bases New form of copyright that’s not copyrightable WTO Banana case- claim successfully that having access to entire market was necessary and for Europe to claim 10% of banana market to former colonies for higher prices were found to be illegal- Last week found that U.S. banana companies have been involved in price fixing in Europe Beef hormone case- EU doesn’t like beef hormone – attempt to attach some reason to why some people are becoming more obese, U.S. won- trying to threaten sanctions- totally organic with beef Dumping: Brought action against solar power dumping Support cheapest possible solar panels U.S. pays huge subsides to cotton farmers- want the votes of cotton farmers, subsidized cotton is so cheap Going to cancel all of intellectual property in Brazil until you stop paying sanctions Rare Earth Mineral Case against China 3/25 The International trade Regime Articles: The WHO finds hat Round-Up may be a carcinogen- big picture Never proven safe or harmful Trade is about Bureaucrats Since trade is not done by bureaucrats, more secret Life and Debt – WATCH Dates:  Bretton Wood System 1944- open up trade system- before WWI trade system was closed o Give everyone same treatment so trade is facilitated across borders easier  1960s/1970s oil crisis and removal of Gold standard  1980 Chakrabarty Case o Little bacteria to clean up oil spills, people have the right to patent living organisms  1995 WTO o World Trade Organization, dominant trade facilitator  1999 Seattle Round o heavily protested Terms:  Harmonization- using same standard across border, getting countries to harmonize trade laws with our laws  Patent Trolls- all these unused patents, patent trolls buy these patent trolls  Patent- new, innovative, industrial  Exhaustion- make a good, file patent on good, produce that good massively, then patent right is exhausted – once a good enters consumer market, no longer have rights, does not exist in U.S. but we let it happen  Adopted in Europe Parallel imports- “is a non-counterfeit product imported from another country without the permission of the intellectual property owner.”  Precautionary Principle- if a product could potentially harm individuals or environment, can keep good out  GMOs/ Monsanto – Genetically modified organisms links with Monsanto The Development of International Trade Post WWII is the beginning of modern trade regime Bretton Wood System GATT IMF- Bank, balanced payment issues, will loan money to prevent issue- comes with several strings attached World Bank- provides loans to states for developing 1970s induce international crises and economic transition 1986 Opens the Uruguay round of GATT WTO Is ensconced in the 1986 Uruguay round - facilities GATT and GATTS World Trade Agreement TRIPS 1995 end the round and the WTO enters into existence TRIPS: Harmonization of intellectual property rights TRIPS+: currently being negotiated. Will be an example of forum shifting WTO Principles and U.S. Law Principles: WTO dispute board or world trade court Removes right to apply unilateral sanctions No action without ruling Hard Science to keep out products TRIPS National Treatment- must treat imported courts same way as domestic goods, ensures that once a good enters market the good isn’t seen as inferior Most Favored Nation- most favorable tariff given to one country must be given to all countries U.S. Laws 1974 U.S. Trade Act, SEC 301 Allows the U.S. to sanction states violating GATT ideals List of violators to congress, pick who they want to apply sanctions Post 1995 it becomes a threat mechanism only (Credible threat) Fast-track authority Doesn’t exist right now, expired in 2007 President can negotiate trade deal and congress gives it an up/down vote WTO Cases - Greek Television Case  Greek is showing movies about U.S. royalties, copyright violations- U.S. brings WTO to EU- EU is member of WTO  Europe has personality and confidence - *Banana Case  Violation of most favored nations, given special treatment to certain countries - U.S./E.U Hormone Case  Hard science vs. precautionary principle  WTO has sided with U.S., told Europe to open markets - *U.S./E.U GMO Case Hard science (WTO) vs. precautionary principle (Europe) WTO has sided with U.S., told Europe to open markets - *U.S./Brazil Cotton Case  U.S. cotton is subsided, Brazil sues them for dumping- WTO sides with Brazil, other countries using it protect their interest - U.S./Antigua Gambling Case  Antigua- huge offshore gambling, U.S. says they can’t offshore, Antigua says they are blocking offshore online gambling- WTO sides with Antigua *Small countries threatening U.S., revoking IP law if the U.S. doesn’t fall in line – moral issue- free movement of services- violates GATT- offering gambling services is a service  begins to be apparent that WTO is not working, many countries are beginning to develop expertise  Weakest point is intellectual property - U.S./ China Solar Panel Case  China Solar panels are cheaper  Cheap solar panels support an enormous industry on its own but dumping is one of the charges that will stop exporting in a certain way – go after for dumping if goods are cheaper in the same market, only way to stop  Cannot prohibit exports Within the framework of WTO- trade triumphs all other interests - U.S. China Rare Earth Mineral Case  Rare earth minerals components in computers and phones, over years countries have said that a specific country (China) has a lot of the component, china wants to reduce exportation to expand market – favoring domestic market over export- WTO saying they don’t have full control over borders, shows that GATT is important  Holding sovereignty over all borders  Dirty to pull out of ground  U.S. brings action against China for limiting own mining 3/26 After oil crisis in 1970s- Saudi agreed to lower prices & U.S. agreed to forgive them if remained in dollars & something about banks Full investment chapter TPP (trans-pacific partnership) – with EU- designed to break off ties in Russia If countries tried to limit international property rights Many countries especially in Europe don’t allow private university – forced to allow multi national Fast track authority- congress knows they can’t read it, even know we know that, we won’t have anything to say about it *Two chapters leaked: Environment and Investment Vietnamese catfish are not catfish, cant be marketed in U.S. as catfish Only fish out of U.S. waters can be called catfish Cases before the WTO Judicial process- who brings actions? What kind of actions? What kind of remedies can the WTO bring? WTO sits there. Doesn’t bring a
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