E-Commerce
Issues
Cyberlaw
September 9, 1998
J. Henry Cartwright
Focus Topics
-
Gatt/WTO basics
-
"Rounds" -Uruguay Rounds
-
Most Favored Nation
-
Dispute Resolution
-
WIPO (World Intellectual Property Organization)
GATT/ WTO
-
Gatt Procedures
-
Originally passed in 1947
-
Tariff and Non-tariff Barriers
-
Talks occur in "Rounds"
-
Most Favored Nation Principle
-
Dispute Resolution not automatic
Rounds
-
Uruguay Rounds
-
1986-1994
-
Addressed IP issues
-
agree to enter discussions on IP issues
-
TRIPS
Most Favored Nation
-
Tariff/Non-tariff concessions granted to one member must be granted
to all members
-
Applies only to members
-
3 sets of Tariff levels
-
Standard
-
MFN
-
Developing
Tariff Schedules
Membership
-
Automatic MFN to members
-
Year by year review for non-member MFN treatment
-
Key non-member
-
(China)
GATT Dispute Resolution
-
Emphasizes consultation between complainant and offender
-
Consult between parties
-
Request Panel (can be blocked)
-
Panel investigates and submits report
-
Vote to accept report requires consensus-(can be blocked)
-
Implementation of recommendations-not mandatory
Uruguay (1994) WTO/Dispute Resolution and TRIPS
-
Similar procedures
-
does not provide opportunity for the offending nation to black procedures
-
principle of automaticity
-
can’t block investigation unless rejected by consensus
-
adoption and implementation automatic unless rejected by consensus
-
TRIPS
-
Trade Relating to Aspects of Intellectual Property
Remedies
-
Compensation
-
removal of tarriff privileges for offending nation in amount approximate
to damages
-
concessions to offended party to "make up"
-
Retaliation
-
same sector
-
cross retaliation (Uruguay)
World Intellectual Property Organization
Jurisdictional Cases
-http://legal.web.aol.com/ecommerc/current/jurisdiction/cases.html
International News
-Http: numerous sites
Commercial Speech
Central Hudson
Meduim Specific
E-Projects