Developments have been moving fast in Brazil regarding the possible
first-ever WTO-sanctioned cross-retaliation against intellectual
In November 2009, the World Trade Organization (WTO) gave Brazil the formal go-ahead to impose sanctions
on U.S. imports after
previous WTO rulings...
By Charles A. Weiss
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Second Circuit Rules Copyright Owners May Block
Importation of Articles They Made and Sold Overseas, Reaching Issue that
Divided Supreme Court last Term
Among the rights enjoyed by copyright owners is the right...
By Robert R. Baron, Jr.
and Corinne Militello
A recent decision by the U.S. Court of Appeals for the Second Circuit
is a victory for copyright owners because it allows those who
manufacture outside of the United States to maintain greater control
over distribution after the first sale.
By Ann Fort , Lei Fang ,
and David Reed Overseas manufacturers have long known that their products manufactured abroad can be excluded from importation into the U.S. if they infringe U.S. patents, trademarks or copyrights. But a new decision by the U.S. Court of Appeals for the Federal Circuit has expanded...
By Katrina M. Quicker and Richard W. Miller
Patent holders are increasingly turning to the U.S. International Trade Commission when faced with infringing imports because it has the power to issue exclusion orders-a remedy that is not available in judicial forums-and because the USITC has earned...
WASHINGTON, D.C. - (Mealey's) A student accused of
copyright infringement prevailed at the U.S. Supreme Court, which held in a
divided ruling March 19 that the first sale doctrine applies to lawfully made
works manufactured abroad and imported to the United States ( Supap Kirtsaeng
by Donna Ray Berkelhammer
The US Supreme Court ruled 6-3 on March 19
that once you buy a work covered by U.S. copyright law , you may
resell that product in the U.S., no matter where it was lawfully manufactured.
This is an important decision for second-hand shops, discounters, online
WASHINGTON, D.C. - (Mealey's) Citing its ruling last week
in Kirtsaeng v. John Wiley & Sons Inc. (568 U.S. ___  (lexis.com subscribers may access Supreme Court briefs and the opinion for this case) ; See 11/5/12, Page 4), the
U.S. Supreme Court on March 25 granted certiorari in another...
by Frank L.
Bernstein and Jonathan D.
In a much-awaited decision, Kirtsaeng v. John Wiley
& Sons, Inc., (lexis.com subscribers may access Supreme Court briefs and the opinion for this case) the U.S. Supreme Court held that the copyright law's
"first sale" doctrine trumps...
by Laura J. Borst, Rita Weeks and Shelby Knutson
In a landmark ruling on March 19th, the Supreme Court held in Kirtsaeng v. John Wiley & Sons, Inc., No. 11-697, 2013 U.S. LEXIS 2371 (2013) [ an enhanced version of this opinion is available to lexis.com subscribers ], that the "first...
by Sharona H. Sternberg
Just over a century ago, when
buying a book for a dollar still seemed expensive, the Supreme Court first
recognized the "first sale doctrine," a basic exception to a
copyright owner's distribution rights. Once a consumer buys a copyrighted
product, like a...