Patent enforcement difficulties in Japan: are there any satisfactory solutions for the United States?
Article Abstract:
The Agreement on Trade-Related Aspects of Intellectual Property Rights, the Structural Impediment Initiative, and the World Intellectual Property Organization's patent law harmonization efforts may eventually protect US patent rights adequately in Japan. Successful US patent litigation in Japan encounters many obstacles, including overly-long proceedings, difficulties in obtaining preliminary injunctions and conducting pretrial discovery, Japan's cultural bias against litigation, low damages awards, and narrow judicial interpretations. Private initiatives, as well as public initiatives such as Civil Code changes and harmonization, may improve the situation.
Publication Name: George Washington Journal of International Law and Economics
Subject: Law
ISSN: 0748-4305
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
Official Management v. reorganisation under Chapter 11 of the United States Bankruptcy Code: in defence of official management
Article Abstract:
Australia's current Official Management procedure for bankruptcy is better than the proposed Administration or Chapter 11 reorganisation in the US. Official Management respects creditors' rights and the freedom of contract better than the other procedures, and control is taken away from the original management and given to a court-appointed liquidator. Prompt liquidation serves the public interest and maintains economic efficiency.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1992
User Contributions:
Comment about this article or add new information about this topic:
International insolvencies: an English-American comparison with an analysis of proposed solutions
Article Abstract:
There is no international harmony for dealing with international insolvency, as shown by the differences between British and American bankruptcy law. The US deals with comity under section 304 of the Bankruptcy Code, while the UK uses section 426 of its 1986 Insolvency Act. Possible solutions include bilateral treaties or the Model International Insolvency Cooperation Act of the International Bar Assn.
Publication Name: George Washington Journal of International Law and Economics
Subject: Law
ISSN: 0748-4305
Year: 1992
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Wrongful dismissal: arbitration and the law. ADR: a solution for environmental disputes
- Abstracts: Environmental law in Australia and the United States: a comparative overview. Environmental regulation in Michigan and Massachusetts: two states with two different solutions to the same problem
- Abstracts: NAFTA, foreign investment, and the Mexican banking system. The 1993 revision of the Uniform Customs and Practice for Documentary Credits
- Abstracts: Local pesticide regulation. Does genetic engineering need genetic engineers? Should the regulation of genetic engineering include a new professional discipline?