Intellectual Property, Domestic Productivity and Trade: Hearing Before the Subcommittee on Courts, Intellectual Property, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, One Hundred First Congress, First Session, July 25, 1989, Volume 4 |
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Common terms and phrases
action adequate and effective adoption Agreement Ambassador HILLS antipiracy applied Article III:4 Article XX Article XX(d Berne Convention bilateral Commission Community complainant compulsory licenses CONGRESS THE LIBRARY contracting party copyright law copyright protection determination district court litigation domestic economic federal district court foreign GATT imported products inconsistent with Article initiate intellectual property laws intellectual property protection intellectual property rights international trade issues Japan KASTENMEIER Korea legislation less favourable treatment LIBRARY OF CONGRESS market access ment MPAA multilateral negotiations Omnibus Trade owner paragraph patent infringement patent law patent protection piracy pirates priority countries Priority Watch List problem procedures process patent products of United protection of intellectual requirements respondent Section 337 investigations Section 337 proceedings software piracy Special 301 standards substantial supra note Taiwan trading partners U.S. intellectual property U.S. Trade Representative United States origin United States patent Uruguay Round USITC USTR violation WIPO
Popular passages
Page 169 - Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade...
Page 72 - III, paragraph 4, of the agreement which provides that the products of the territory of any contracting party imported into the territory of any other contracting party shall be accorded treatment no less favorable than that accorded to like products of national origin in respect of all laws affecting their internal sale or offering for sale.
Page 175 - Unfair methods of competition and unfair acts in the importation of articles into the United States, or in their sale by the owner, importer, consignee, or agent of either, the effect or tendency of which is to destroy or substantially injure an industry, efficiently and economically operated, in the United States...
Page 175 - Act of 1930 as amended1 declares that "[u]nfair methods of competition and unfair acts in the importation of articles into the United States...
Page 175 - States involving similar questions concerning the subject matter of such investigation. (2) During the course of each investigation under this section, the Commission shall consult with, and seek advice and information from, the Department of Health and Human Services, the Department of Justice, the Federal Trade Commission, and such other departments and agencies as it considers appropriate. (3) Whenever, in the course of an investigation under this section, the Commission has reason to believe...
Page 72 - The products of the territory of any contracting party imported into the territory of any other contracting party shall be accorded treatment no less favourable than that accorded to like products of national origin in respect of all laws, regulations and requirements affecting their internal sale, offering for sale, purchase, transportation, distribution or use.
Page 176 - States, unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry.
Page 175 - For the purposes of this section, the phrase "owner, importer, or consignee" includes any agent of the owner, importer, or consignee. (b) INVESTIGATIONS OF VIOLATIONS BY COMMISSION; TIME LIMITS. — (1) The Commission shall investigate any alleged violation of this section on complaint under oath or upon its initiative. Upon commencing any such investigation, the Commission shall publish notice thereof in the Federal Register. The Commission shall conclude any such investigation, and make its determination...
Page 161 - Any internal tax or other internal charge, or any law, regulation or requirement of the kind referred to in paragraph 1 which applies to an imported product and to the like domestic product and is collected or enforced in the case of the imported product at the time or point of importation...
Page 161 - Panel noted that, as far as the issues before it are concerned, the *no less favourable* treatment requirement tet out in Article III:4. 'is unqualified. These words are to be found throughout the General Agreement and later agreements negotiated in the GATT framework as an expression of the underlying principle of equality of treatment of imported products as compared to the treatment given either to other foreign products, under the most favoured nation standard, or to domestic products, under...