LexisNexis® Legal Newsroom
Intellectual Property Rights Blowing in the Wind

If ever we hated to say "we told you so", this is that moment. The U.S./Brazil dispute over U.S. cotton subsidies [1] has landed the U.S. on the wrong side of a WTO ruling, resulting in sanctions. Brazil has already identified 102 U.S. products on which it will now impose those (sanctioned...

United States-Brazilian Cotton Dispute: The Possible First-Ever WTO-Sanctioned Cross-Retaliation against IP Rights

Developments have been moving fast in Brazil regarding the possible first-ever WTO-sanctioned cross-retaliation against intellectual property rights. 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...

UPDATE: Walter W. Palmer on the U.S./Brazilian WTO dispute

Walter W. Palmer, of Pinheiro Palmer Advogados, discusses Brazil IP News - Legal instrument permits Brazilian federal government to suspend IP and similar rights as "cross-retaliation" in WTO disputes. June 21, 2010 Correspondence from Walter W. Palmer of Pinheiro Palmer Advogados...

WTO rules government aid for Airbus illegal

GENEVA - (AP) The World Trade Organization ruled Wednesday that European governments gave planemaker Airbus illegal subsidies in its battle with U.S. competitor Boeing Co., in a first key ruling on a long-running dispute between the European Union and Washington. Made public three months after it...

Lawrence Kogan on Hong Kong's Draft Infant Formula & Complementary Foods Marketing Code Violates WTO Law (Part 1 of 3)

by Lawrence Kogan In 2012, the Hong Kong Special Administrative Region issued a draft of the Hong Kong Code of Marketing and Quality of Formula Milk and Related Products, and Food Products for Infants & Young Children. It employs means to achieve policies that go far beyond relevant international...

Lawrence Kogan on Hong Kong's Draft Infant Formula & Complementary Foods Marketing Code Violates WTO Law (Part 2 of 3)

by Lawrence Kogan Excerpt: I. Introduction Part 1 of this article discussed how the various food safety -related provisions of the Hong Kong Code of Marketing and Quality of Formula Milk and Related Products, and Food Products for Infants & Young Children ("the Draft HK Code") violate...

Lawrence Kogan on Hong Kong's Draft Infant Formula & Complementary Foods Marketing Code Violates WTO Law (Part 3 of 3)

by Lawrence Kogan Part 3 discusses how the Draft HK Code's prohibitions and restrictions on the use of trademarks, trade names, logos, symbols, etc. (word marks and non-word marks) in informational/educational materials about branded products and infant and young child feeding, on product containers...

The Philippines Breastmilk Substitute/Supplement Marketing Framework Violates WTO Law (Part 2 of 2)

by Lawrence Kogan This article has been divided into two parts. Part 1 analyzed the the Philippine breastmilk substitute and breastmilk supplement marketing framework ("PH BMS Framework") restrictions under the terms of the Technical Barriers to Trade ("TBT") Agreement. Part 2...

The Philippines Breastmilk Substitute/Supplement Marketing Framework Violates WTO Law (Part 1 of 2)

by Lawrence Kogan This article has been divided into two parts. Part 1 will analyze these restrictions under the terms of the Technical Barriers to Trade ("TBT") Agreement, focusing on how the the Philippine breastmilk substitute and breastmilk supplement marketing framework ("PH BMS...

WTO Rules U.S. Countervailing Duties on Solar Panels Violate Global Trade Rules

The World Trade Organization (WTO) has ruled that U.S. countervailing duties imposed on a range of Chinese products, including solar panels, violated global trade rules by imposing punitive import duties. The ruling by the WTO’s Dispute Settlement Body (DSB) stems from China’s August 20...

The U.S. Loses Its COOL. Again.

As you have probably read, the United States lost another round in its fight with Canada and Mexico in front of the World Trade Organization (“WTO”) over country of origin labeling (“COOL”) rules relating to beef and pork. Unless an appeal is upheld, or our rules change, Canada...