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More on Registration and Use of Trademarks: All or Nothing

Yesterday I asked how a product ban compares with plain packaging, in terms of the impact on trademark rights.  After conversations with several people who saw a distinction between a product ban and plain packaging with regard to trademark rights, I had some additional thoughts. It seems to me that
Simon Lester 11 Sep 2012 1 min read

Registration and Use of Trademarks

There was one point of substance I wanted to mention from the TPP event.  I was talking with two people, one who thought plain packaging of cigarettes violates international IP rules and one thought it does not.  The guy who thought it was a violation made the argument that a
Simon Lester 10 Sep 2012 1 min read

Brief Notes from the TPP Meeting

Yesterday, I went to the stakeholders engagement part of the latest TPP negotiating round.  (This is the 14th round of TPP negotiations. How many more will there be?  Another 14?) This was the first time I've attended one of these.  Here are some impressions.  (But don't
Simon Lester 10 Sep 2012 1 min read

SIEL/CUP Essay Prize

For you aspiring young scholars: A prize has been established by the Society of International Economic Law and Cambridge University Press for the best essay submitted on any topic in any field of international economic law. The competition is open to all current undergraduate and graduate students of any university
Simon Lester 10 Sep 2012 1 min read

A Lawsuit against the WTO in U.S. Court

Seriously.  Well, I don't know how serious it is.  It may just be a PR stunt.  The named defendants are the WTO, USTR Ron Kirk, Secretary of Agriculture Tom Vilsack, and the United States of America. The complaint is here.  An excerpt: plaintiffs seek a declaration that the
Simon Lester 06 Sep 2012 1 min read

WTO Disputes: It's All About Argentina

For a while now, I've been saying that WTO dispute settlement is all about China.  But in recent months, it has been all about Argentina.  7 of the last 11 consultations requests have involved Argentina.  Let's look briefly at how this all transpired. Back in September
Simon Lester 06 Sep 2012 2 min read

Labelling of West Bank Products

Lorand posted the other day about the South Africa-Israel dispute over labelling of West Bank products.  Sean Woolfrey of Tralac has more here: On August 22, the South African Cabinet released a statement  approving a Department of Trade Industry (DTI) notice requiring South African traders to refrain from labelling
Simon Lester 29 Aug 2012 2 min read

More Tim Groser on International Law and Sovereignty

A few weeks ago, I mentioned some discussion by NZ trade minister Tim Groser of sovereignty and international law.  Here's a quote:  "The whole point of international law is to put limits around countries' sovereignty on the basis of negotiated understandings." In a recent speech
Simon Lester 29 Aug 2012 1 min read

SA-Israel dispute over West Bank products

The Guardian reports: A diplomatic row has been growing as Israel summoned the South African ambassador to explain his country's decision to label products from West Bank settlements as coming from the occupied Palestinian territories. http://www.guardian.co.uk/world/2012/aug/23/israel-south-africa-west-
Lorand Bartels 23 Aug 2012 1 min read

Plain Packaging: The International Dispute Proceedings

As discussed in the last post, Australia successfully defended the domestic challenge to its plain packaging laws.  So what are the prospects for the plain packaging complaints at the WTO and under the Australia-Hong Kong BIT?  Some experts weigh in. At Lawyers Weekly, Andrew Mitchell says the WTO claims
Simon Lester 17 Aug 2012 3 min read

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Why Section 338 Does Not Work in a GATT/WTO World: Lessons from Trade Law History

On July 21, 2026, President Trump exercised his authority under Section 338 of the Tariff Act of 1930 (hereinafter Section 338) to impose the maximum amount of additional tariffs (fifty per cent) on Canadian cars, alcohol, and dairy, owing to his determination of Canada’s discriminatory treatment of US exports.
23 Jul 2026 10 min read

EU WTO Reform Proposal Seeks To Extend Accession-Based State Enterprise Rules To All Members

In a new WTO reform paper entitled "Further Reflections on Disciplines, Subsidies and Industrial policy," the EU argues for stronger WTO disciplines on the behavior of state enterprises.
17 Jul 2026 5 min read

Governments Make Their Case Against Section 301 Forced Labor Tariffs

Last month, USTR made a determination in its Section 301 investigation into "Acts, Policies, and Practices of Various Economies Related to the Failure To Impose and Effectively Enforce a Prohibition on the Importation of Goods Produced With Forced Labor."
10 Jul 2026 5 min read

How Should the EU Get Tough with China? Unilateral Action vs. WTO Complaints

I've seen several recent calls for the EU to get tougher in its economic relations with China, along with arguments that it has been too slow to act against the Chinese economic threat.
06 Jul 2026 4 min read

Trump Administration Decides Not To Extend USMCA for Another Term: What Does That Mean Exactly?

Today, as part of the first joint review of the USMCA, the three governments held a virtual meeting.
01 Jul 2026 4 min read

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