Circumvention And Anti Circumvention Measures

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Circumvention and Anti-circumvention Measures

Author : Yanning Yu
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041126864
Total Pages : 294 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Circumvention and Anti-circumvention Measures by : Yanning Yu

Download or read book Circumvention and Anti-circumvention Measures written by Yanning Yu and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The unfair trade practice of dumping has been regulated for many years. Dumping distorts competition by selling exports at exceedingly low prices in foreign markets. Over the years, anti-dumping measures designed to counter dumping through the imposition of duties have become the most effective and popular way employed to protect domestic industries under threat. The 1980s, however, ushered in a counter measure: circumvention. As a means of avoiding anti-dumping duties, circumvention threatens the effectiveness of the anti-dumping system by undermining the protection provided for domestic industries. In response, anti-circumvention measures have been designed and implemented to combat those activities. This is the first book to offer a detailed analysis of this significant issue in anti-dumping practice.

Trade Remedies in North America

Author : Gregory Wells Bowman
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041128409
Total Pages : 746 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Trade Remedies in North America by : Gregory Wells Bowman

Download or read book Trade Remedies in North America written by Gregory Wells Bowman and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 746 pages. Available in PDF, EPUB and Kindle. Book excerpt: and political underpinnings." --Book Jacket.

EU Anti-Dumping and Other Trade Defence Instruments

Author : Van Bael & Bellis
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041139346
Total Pages : 1400 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis EU Anti-Dumping and Other Trade Defence Instruments by : Van Bael & Bellis

Download or read book EU Anti-Dumping and Other Trade Defence Instruments written by Van Bael & Bellis and published by Kluwer Law International B.V.. This book was released on 2011-06-06 with total page 1400 pages. Available in PDF, EPUB and Kindle. Book excerpt: European trade defence law has expanded sufficiently in the last few years to require a new edition of this definitive work, last revised in 2004. As trade law practitioners and scholars have come to expect from the Brussels law firm Van Bael & Bellis, the fifth edition provides comprehensive, up-to-date analysis and critical commentary on EU trade defence instruments dealing with anti-dumping measures, countervailing measures, and safeguard measures, as well as measures under the Trade Barriers Regulation. It gives detailed attention to all EU cases and other developments at WTO level that have occurred up to December 2010. The emphasis throughout is on practical application of the rules. The authors cover every issue likely to arise in any trade defence matter, including all of the following and more: determining the dumping and injury margins; determining the subsidy margin; determining the causal link between dumping or subsidy and injury; determining if 'Union interest’ calls for intervention; differences between anti-dumping and anti-subsidy legislation; procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews, and refunds; conditions for accepting an undertaking; measures that may be taken to prevent ‘circumvention’ of anti-dumping measures; rules for the determination of permissible adjustments; rules governing the standing of various interested parties before the European Courts; rules and procedure applicable to non-market economy countries; special rules on products originating in a developing country; allocation and administration of quantitative quotas; surveillance measures; and whether and to what extent safeguard measures are subject to judicial review. For each of the four major categories of trade defence instruments, chapters deal with the substantive rules of the trade defence instruments concerned, the relief that may be ordered under these instruments, and the procedural provisions. The important changes in the EU decision-making process for trade defence cases to be introduced in March 2011 are taken fully into account. An extensive battery of tables and annexes leads the practitioner to all the essential primary source material in the field. As a detailed and practical commentary on the international trade legislation of the Union as actually applied by the Union Institutions, this is the preeminent work in the field. Lawyers and academics involved with trade contracts or disputes need have no doubt that it is still without peer as a guide to EU trade defence instruments.

The Digital Dilemma

Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 0309064996
Total Pages : 365 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis The Digital Dilemma by : National Research Council

Download or read book The Digital Dilemma written by National Research Council and published by National Academies Press. This book was released on 2000-02-24 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Imagine sending a magazine article to 10 friends-making photocopies, putting them in envelopes, adding postage, and mailing them. Now consider how much easier it is to send that article to those 10 friends as an attachment to e-mail. Or to post the article on your own site on the World Wide Web. The ease of modifying or copying digitized material and the proliferation of computer networking have raised fundamental questions about copyright and patentâ€"intellectual property protections rooted in the U.S. Constitution. Hailed for quick and convenient access to a world of material, the Internet also poses serious economic issues for those who create and market that material. If people can so easily send music on the Internet for free, for example, who will pay for music? This book presents the multiple facets of digitized intellectual property, defining terms, identifying key issues, and exploring alternatives. It follows the complex threads of law, business, incentives to creators, the American tradition of access to information, the international context, and the nature of human behavior. Technology is explored for its ability to transfer content and its potential to protect intellectual property rights. The book proposes research and policy recommendations as well as principles for policymaking.

Methods of Money Laundering

Author : Fabian Teichmann
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403537434
Total Pages : 253 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Methods of Money Laundering by : Fabian Teichmann

Download or read book Methods of Money Laundering written by Fabian Teichmann and published by Kluwer Law International B.V.. This book was released on 2021-10-08 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: How exactly is money laundered? The answer to this question is not well understood – and for this very reason, costly prevention measures remain ineffective. This much-needed book provides the first in-depth explanation of the methods used by intelligent criminals to amass wealth from large-scale trafficking in drugs, arms, and human beings, as well as from less odious crimes. The author shows clearly not only why existing approaches to combat money laundering are bound to fail but also how money launderers easily circumvent such measures. Based on qualitative interviews with both alleged criminals and prevention experts, detailed illustrations of concrete steps taken by intelligent and specialized perpetrators of money laundering allow practitioners to anticipate and effectively combat this type of crime. The author fully documents such aspects of money launderers’ behaviour as the following: resources required; dealing with detection risks; and international mobility. A central chapter covers in depth the various markets, institutions, and facilities that are particularly favourable to money laundering, and original insights accompany the presented findings with relevant quotations from the interviewees. The author offers tailored recommendations for different professional groups, including bankers, prosecutors, defence lawyers, and judges. In its critical questioning of the logic behind anti-money laundering regulations and their costly implementation, the book demonstrates that either the existing measures of prevention are drastically tightened and extended to almost all branches of the economy or the financial sector is relieved of the burden it bears and alternative ways of fighting this type of crime are sought instead. It will prove enormously valuable to understanding and investigating white-collar and financial crime, and be welcomed by practitioners and professionals in financial markets, banking, criminal lawyers, and compliance experts, as well as academia.

Guide to International Anti-Dumping Practice

Author : Derk Bienen
Publisher : Kluwer Law International B.V.
ISBN 13 : 904114692X
Total Pages : 704 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Guide to International Anti-Dumping Practice by : Derk Bienen

Download or read book Guide to International Anti-Dumping Practice written by Derk Bienen and published by Kluwer Law International B.V.. This book was released on 2013-09-01 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to bring together the actual practices and procedures in all the major users of anti-dumping. The countries surveyed include all the so-called ‘traditional’ users (Australia, Canada, the EU, New Zealand, South Africa, and the United States) as well as the leading ‘new’ users (Argentina, Brazil, China, India, Korea, Mexico, and Turkey). The book provides not only an overview of each of the systems considered but also a detailed reference to the way different jurisdictions have handled specific issues. In addition, the structure for each chapter is virtually identical, allowing for a ready comparative analysis of various topics. These topics include the following: ; applicable legislation, regulations, prescribed guidelines and procedures; decision-making process and time-line; the likelihood of an investigation leading to the imposition of measures; statistics 1995–2011 with details of actual investigations and duties imposed; threshold of injury and calculation of non-injurious price; establishment of causal link; verification reports, hearings, access to information, and other procedural issues; reviews and refunds; and anti-circumvention measures. An introductory chapter provides a comparative statistical analysis of the use of anti-dumping by the thirteen countries, highlighting key features of anti-dumping systems in a comparative way. The introduction also assesses the important impacts of China’s accession to the WTO in 2001 and of the economic and financial crisis of 2008–2009, discusses the treatment of non-market economies, and notes emerging tendencies in anti-dumping reform. This is an invaluable work on a key area in trade (and competition) law, written by a team of well-known experts. With its comprehensive and practical format, the book will be of great interest to practitioners dealing with anti-dumping cases, including trade law practitioners who may have to defend anti-dumping cases in different jurisdictions, attorneys in international trade law and competition law, government officials, academics, and researchers.

The Legal Protection of Databases

Author : Estelle Derclaye
Publisher : Edward Elgar Publishing
ISBN 13 : 184720998X
Total Pages : 391 pages
Book Rating : 4.8/5 (472 download)

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Book Synopsis The Legal Protection of Databases by : Estelle Derclaye

Download or read book The Legal Protection of Databases written by Estelle Derclaye and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dr Derclaye s book is well structured. . . the methodology is theoretical and comparative. . . Derclaye s work on database law is timely and readable, presenting a sound thesis to the perceived problems. Patricia Akester, Journal of Intellectual Property This book has a wide-ranging, detailed appeal for all lawyers, students and those in the public and private sectors. . . Richard Chambers . . . this book is a detailed, comprehensive and well-researched examination of legal protection of databases, which offers a valuable template for reform that will be of great interest to academics and policymakers alike. Tanya Aplin, European Intellectual Property Review The protection of the investment made in collecting, verifying or presenting database contents is still not harmonised internationally. Some laws over-protect database contents, whilst others under-protect them. This book examines and compares several methods available for the protection of investment in database creation namely, intellectual property, unfair competition, contract and technological protection measures in order to find an adequate type and level of protection. To this effect, the author uses criteria based on a combination of the economics of information goods, the human rights to intellectual property and to information, and the public interest, proposing a model that can be adopted at international and national levels. The Legal Protection of Databases will be of interest to intellectual property lawyers, competition lawyers, as well as general commercial lawyers because of the breadth of laws reviewed. It will also appeal to practitioners, policymakers, economists and students.

US Intellectual Property Law and Policy

Author : Hugh C. Hansen
Publisher : Edward Elgar Publishing
ISBN 13 : 1845429958
Total Pages : 225 pages
Book Rating : 4.8/5 (454 download)

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Book Synopsis US Intellectual Property Law and Policy by : Hugh C. Hansen

Download or read book US Intellectual Property Law and Policy written by Hugh C. Hansen and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: US Intellectual Property Law and Policy provides a selection of well-written essays critically examining the direction of US IP law. Simon Teng, Journal of Intellectual Property Law and Practice . . . an interesting, informative, and enjoyable book. It may be of special interest to Australian students, scholars and practitioners seeking to undertake comparative analysis between Australian and US IP law, particularly in view of the recent Free Trade Agreement. Louise Buckingham, Copyright Reporter The challenging and insightful essays in US Intellectual Property Law and Policy, a compilation by six of the best, if not the best, professors of intellectual property law in the United States . John A. Tessensohn, European Intellectual Property Review This book identifies and addresses the key principles and policies with regard to the protection of intellectual property in the United States. A select group of highly-regarded contributors illustrate several themes which are recurrent in the many debates concerning US law and policy on intellectual property. The need for a constant expansion of protectable subject matter is critically analyzed, especially in relation to trade mark and patent laws. The chapters within the book discuss a question of critical jurisprudential importance: have the legislature and the judiciary taken sufficient consideration of the different economic and constitutional rationales of intellectual property protection when extending the scope of intellectual property protection? A tentative agenda as to the future direction for both Congress and the courts to adopt, in light of the new technological changes which have affected all areas of intellectual property protection equally, is also suggested. Policymakers will find this book of great interest as will academics and students of intellectual property law and international law.

The Role of Scientific and Technical Data and Information in the Public Domain

Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 0309167086
Total Pages : 238 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Role of Scientific and Technical Data and Information in the Public Domain by : National Research Council

Download or read book The Role of Scientific and Technical Data and Information in the Public Domain written by National Research Council and published by National Academies Press. This book was released on 2003-08-29 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This symposium brought together leading experts and managers from the public and private sectors who are involved in the creation, dissemination, and use of scientific and technical data and information (STI) to: (1) describe and discuss the role and the benefits and costsâ€"both economic and otherâ€"of the public domain in STI in the research and education context, (2) to identify and analyze the legal, economic, and technological pressures on the public domain in STI in research and education, (3) describe and discuss existing and proposed approaches to preserving the public domain in STI in the United States, and (4) identify issues that may require further analysis.

Digital Copyright

Author : Jessica Litman
Publisher : Prometheus Books
ISBN 13 : 161592051X
Total Pages : 216 pages
Book Rating : 4.6/5 (159 download)

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Book Synopsis Digital Copyright by : Jessica Litman

Download or read book Digital Copyright written by Jessica Litman and published by Prometheus Books. This book was released on with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.

Legal Protection of Technological Measures

Author : Li-Hua Luo
Publisher :
ISBN 13 :
Total Pages : 41 pages
Book Rating : 4.:/5 (18 download)

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Book Synopsis Legal Protection of Technological Measures by : Li-Hua Luo

Download or read book Legal Protection of Technological Measures written by Li-Hua Luo and published by . This book was released on 2006 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of Copyright and the Internet

Author : Mihály Ficsor
Publisher : Oxford University Press on Demand
ISBN 13 : 9780198299011
Total Pages : 792 pages
Book Rating : 4.2/5 (99 download)

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Book Synopsis The Law of Copyright and the Internet by : Mihály Ficsor

Download or read book The Law of Copyright and the Internet written by Mihály Ficsor and published by Oxford University Press on Demand. This book was released on 2002 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides detailed coverage of the current state of international treaty law in respect of copyright issues relating to the Internet and E-commerce. The centre-piece of the book is an article-by-article analysis of the two key World Intellectual Property Organisation (WIPO) treaties tackling the subject: the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, both negotiated primarily as a response to technological developments such as the Internet. It also includes detailed comparative material showing how the WIPO treaties are being implemented elsewhere in the world, and in particular how the EU, Japan and the US are responding to these key issues. This includes analysis of the key EU Directive on Copyright and Related Rights in the Information Society, which is intended to roll out protection across Europe for copyright holders operating in the digital arena.

Section-by-section Analysis of H.R. 2281 as Passed by the United States House of Representatives on August 4, 1998

Author : United States. Congress. House. Committee on the Judiciary
Publisher :
ISBN 13 :
Total Pages : 86 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Section-by-section Analysis of H.R. 2281 as Passed by the United States House of Representatives on August 4, 1998 by : United States. Congress. House. Committee on the Judiciary

Download or read book Section-by-section Analysis of H.R. 2281 as Passed by the United States House of Representatives on August 4, 1998 written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 1998 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:

3D Printing and Beyond

Author : Dinusha Mendis
Publisher : Edward Elgar Publishing
ISBN 13 : 1786434059
Total Pages : 432 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis 3D Printing and Beyond by : Dinusha Mendis

Download or read book 3D Printing and Beyond written by Dinusha Mendis and published by Edward Elgar Publishing. This book was released on 2019 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking and timely contribution is the first and most comprehensive edited collection to address the implications for Intellectual Property (IP) law in the context of 3D Printing and Additive Manufacturing. Providing a coverage of IP law in three main jurisdictions including the UK, USA and Australia. 3D Printing and Beyond brings together a team of distinguished IP experts and is an indispensable starting point for researchers with an interest in IP, emerging technologies and 3D printing.

Copyrights and Copywrongs

Author : Siva Vaidhyanathan
Publisher : NYU Press
ISBN 13 : 9780814788073
Total Pages : 276 pages
Book Rating : 4.7/5 (88 download)

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Book Synopsis Copyrights and Copywrongs by : Siva Vaidhyanathan

Download or read book Copyrights and Copywrongs written by Siva Vaidhyanathan and published by NYU Press. This book was released on 2003-04 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this text, the author tracks the history of American copyright law through the 20th century, from Mark Twain's exhortations for 'thick' copyright protection, to recent lawsuits regarding sampling in rap music and the 'digital moment', exemplified by the rise of Napster and MP3 technology.

The WTO Anti-Dumping Agreement

Author : Philippe De Baere
Publisher : Cambridge University Press
ISBN 13 : 9781108423519
Total Pages : 500 pages
Book Rating : 4.4/5 (235 download)

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Book Synopsis The WTO Anti-Dumping Agreement by : Philippe De Baere

Download or read book The WTO Anti-Dumping Agreement written by Philippe De Baere and published by Cambridge University Press. This book was released on 2021-08-31 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique article-by-article commentary on the WTO Anti-Dumping Agreement, offering an essential and comprehensive insight into WTO case-law. This commentary is an indispensable reference tool for government officials, practitioners and academics working on anti-dumping issues. The commentary's structure allows the reader to identify immediately which disputes are relevant for the interpretation of each provision. It offers a clear analysis of the applicable rules and a comprehensive explanation of what, as a result of the WTO case-law, those rules mean. This commentary has been written by practitioners who have all been directly involved in a large number of WTO disputes and who have extensive experience in anti-dumping investigations and in challenging anti-dumping determinations before the WTO and before national courts.

Toward A More Balanced Approach: Rethinking and Readjusting Copyright Systems in the Digital Network Era

Author : Jerry Jie Hua
Publisher : Springer
ISBN 13 : 3662435179
Total Pages : 225 pages
Book Rating : 4.6/5 (624 download)

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Book Synopsis Toward A More Balanced Approach: Rethinking and Readjusting Copyright Systems in the Digital Network Era by : Jerry Jie Hua

Download or read book Toward A More Balanced Approach: Rethinking and Readjusting Copyright Systems in the Digital Network Era written by Jerry Jie Hua and published by Springer. This book was released on 2014-07-14 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on comparative research concerning both international conventions and laws, regulations, policies and cases from different jurisdictions, this book puts forward proposals for recovering the balance of interests between copyright holders, technological intermediaries and public users with regard to the access to, distribution and exploitation of copyright works. Four specific issues are discussed in detail: · an anti-circumvention rule for protection of technological measures that control access to copyright material; · indirect infringing liability for internet service providers and safe harbor regulations, which influence the dissemination of copyright works; · copyright limitations and exceptions especially under the digital network environment, which are relevant to the extent that users are allowed to exploit copyright works; · digital commons projects that promote the distribution and adaptation of copyright works placed under voluntary license schemes, which are relevant to the tolerance and encouragement of remix culture.