The Doctrine of Ordre Public and the Sino-US Copyright Dispute

Kong, Qingjiang

doi:10.2139/ssrn.1147137

Cited by 2 publications

(2 citation statements)

References 11 publications

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“…Consider the panel's decision, whereby article 17 of the Berne Convention does not justify the denial of copyright. Some academic writing has suggested the opposite, either generally (Derclaye, 2008; Ricketson, 1987; Ricketson and Ginsburg, 2006) or with partisan reference to the specific dispute (Qingjiang, 2008), but overall, the panel's approach seems to be doctrinally sound. Ostensibly, this part of the decision is also pro‐free speech.…”

Section: Unpacking the China‐ipr Report And Its Effect On The Freedommentioning

confidence: 99%

It's Easily Done: The China‐Intellectual Property Rights Enforcement Dispute and the Freedom of Expression

Broude¹

2010

World Intellectual Property

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This article examines the implications of the World Trade Organization (WTO) China-Intellectual Property Rights Enforcement case for the relationship between human rights law and trade-related intellectual property law. It shows that, despite the theory whereby international trade law can spontaneously support the freedom of expression and possibly other human rights, the parties and the panel were, in practice, oblivious to the human rights context of the dispute. In the WTO, human rights considerations will be integrated with international trade law (and intellectual property law within it) only if a party makes explicit arguments to this effect, and a panel opts to consider such arguments on their merits, not through issue avoidance.

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Section: Unpacking the China‐ipr Report And Its Effect On The Freedommentioning

confidence: 99%

It's Easily Done: The China‐Intellectual Property Rights Enforcement Dispute and the Freedom of Expression

Broude¹

2010

World Intellectual Property

View full text Add to dashboard Cite

show abstract

“…Consider the panel's decision, whereby article 17 of the Berne Convention does not justify the denial of copyright. Some academic writing has suggested the opposite, either generally (Derclaye, 2008;Ricketson, 1987;Ricketson and Ginsburg, 2006) or with partisan reference to the specific dispute (Qingjiang, 2008), but overall, the panel's approach seems to be doctrinally sound.…”

Section: Unpacking the China-ipr Report And Its Effect On The Freedommentioning

confidence: 99%

It's Easily Done: The China-Intellectual Property Rights Enforcement Dispute and the Freedom of Expression

Broude

2009

SSRN Journal

View full text Add to dashboard Cite

The Doctrine of Ordre Public and the Sino-US Copyright Dispute

Cited by 2 publications

References 11 publications

It's Easily Done: The China‐Intellectual Property Rights Enforcement Dispute and the Freedom of Expression

It's Easily Done: The China‐Intellectual Property Rights Enforcement Dispute and the Freedom of Expression

It's Easily Done: The China-Intellectual Property Rights Enforcement Dispute and the Freedom of Expression

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