Tag: Policy Space

2021 · Intellectual Property · International Intellectual Property Law · International Investment Law · IP Policy · Trademark · TRIPS Agreement

The Interface between Intellectual Property and Investment Law

Emmanuel OkeLeave a comment

Hi everyone, This is just a quick announcement about my first monograph titled the Interface between Intellectual Property and Investment Law which has just been published by Edward Elgar. The book critically examines how investment tribunals (should) engage with the rules of international intellectual property law when resolving investment disputes involving intellectual property rights. If… Continue reading The Interface between Intellectual Property and Investment Law

2020 · Australia · Intellectual Property · International Trademark Law · IP Policy · Tobacco Plain Packaging · TRIPS Agreement

Is it Necessary to Consider Alternative Measures under Article 20 of the TRIPS Agreement?

Emmanuel Oke1 Comment

This week, I continue with my analysis of the Appellate Body’s decision on the trademark issues in the Australia – Plain Packaging case. (For previous posts in this regard, see here and here). In this post, the focus will be on whether it is necessary to consider alternative measures when deciding whether an encumbrance is justifiable pursuant… Continue reading Is it Necessary to Consider Alternative Measures under Article 20 of the TRIPS Agreement?

2020 · International Trademark Law · IP Policy · Tobacco Plain Packaging · Trademark · Uncategorized

NEWSFLASH: WTO’S Appellate Body Upholds Australia’s Tobacco Plain Packaging Measures

Emmanuel Oke3 Comments

This is a quick update regarding the Australia – Plain Packaging case. I have commented on the earlier decision of the WTO’s dispute settlement panel in a short piece available here. In its report, the panel upheld Australia’s tobacco plain packaging measures (TPP measures) as compatible with the TRIPS Agreement. However, two of the complainants… Continue reading NEWSFLASH: WTO’S Appellate Body Upholds Australia’s Tobacco Plain Packaging Measures

Intellectual Property

Article 10 of the Berne Convention and the Three Step Test (Part 4)

Emmanuel OkeLeave a comment

In this post, I intend to examine the interface between Article 10(1) of the Berne Convention and Article 13 of the TRIPS Agreement. In this regard, I will be drawing extensively on a recent paper by Tanya Aplin and Lionel Bently titled, ‘Displacing the Dominance of the Three-Step Test: The Role of Global, Mandatory Fair… Continue reading Article 10 of the Berne Convention and the Three Step Test (Part 4)

Intellectual Property

That Leaked Draft National IPR Policy from India

Emmanuel Oke1 Comment

Earlier this week, another draft version of India’s National IPR Policy was leaked. The draft, dated 18 April 2015, was submitted by India’s ‘IPR Think Tank’. Some comments have been made on the draft (see here, here, and here). The first draft of the IPR policy prepared by the IPR Think Tank can be found… Continue reading That Leaked Draft National IPR Policy from India