Legislative and Non-Legislative Approaches to Deterring Product Counterfeiting
Alec Weinberg Product counterfeiting has been a fast-growing problem in the U.S. economy. As a solution, Congress enacted several statutes to deter illegal counterfeiting. Nevertheless, the effectiveness of Congress’ efforts is questionable. To strengthen the deterrence effect, legislators should consider amending current laws to punish consumers and implementing alternative measures such as track and trace technologies. This approach would better protect businesses and consumers by expanding oversight responsibilities, creating barriers against counterfeit products, and changing public perception of counterfeit goods. Read Full Text Here
Resolving US-China IP Disputes Through the WTO: A Legal Alternative to Unilateral Sanctions
Stephen Garvey This article examines the United States’ ongoing trade dispute with China regarding Chinese abuses of American intellectual property rights. The U.S. has filed both a complaint against China before the WTO for violation of the Agreement on Trade Related Aspects of Intellectual Property Rights (“TRIPS”), and simultaneously imposed a series of unilateral sanctions on Chinese goods, in violation of the WTO Marrakesh Agreement. Imposing illegal sanctions while seeking redress from the WTO undermines the legitimacy of the U.S.’ claims and has provoked retaliatory tariffs. As the TRIPS agreement comprehensively covers the dispute in question, the U.S. should scale...