Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



WHEN YOU LEAST EXPECT IT – THE UK INQUISITION

Australian companies trading overseas face a variety of regulation which governs their operation.  That regulation includes the following:

Australian laws governing trade in Australia;Australian laws governing trade...

The Government of Canada Should Ask The Canadian International Trade Tribunal Whether Canada Needs Equivalent to Section 337 of U.S. Tariff Act

There is a little known provision in Canadian law that is under-utilized. This provision is a powerful mechanism that holds promise and opportunity. Pursuant to section 18 of the Canadian International Trade Tribunal Act...

The ABCs of the Canada-EU CETA Negotiations

This blog posting on the ABCs of the Canada-European Comprehensive Economic and Trade Agreement (CETA) can be adapted for most free trade agreement negotiations. As the 6th Round Canada-EU CETA negotiations is starting on January...

Learn the Tricks of the Trade

Join MS+K for this special seminar series presented by Su Ross and designed to give you every advantage in navigating federal trade regulations and agencies while controlling...

Fashion Design Piracy Bill

In the current lame-duck session of Congress, it is not yet clear what will happen regarding a number of pending matters. Of particular interest to the fashion industry is what has been called a design piracy protection measure...

False Patent Marking Becomes Costly

The Texas district court has ruled in Forest Group v Bon Tool Co., 2010 U.S. Dist. LEXIS 41291 (S.D. Tex. Apr. 27, 2010) that if a party places a false patent marking on a product, the fine will be based on the maximum price at...

Are You Responsible for Counterfeit Goods?

Did you realize you could have your identity stolen and still be liable for the importation or distribution of counterfeit goods? Trademark holders generally are getting much more aggressive against importers of counterfeit...

Published Reports About Canada-EU CETA Are Discouraging

The Canadian Centre for Policy Alternatives has released a paper about the Canada-European Union Comprehensive Economic and Trade Agreement (Canada-EU CETA) entitled "Negotiating from Weakness: Canada-EU trade treaty...

Aggressive Intellectual Property Enforcement

It has long been the case that U.S. Customs and Border Protection will stop an import shipment if there is a question about what license rights the importer holds. The same is true with exports. Now, however, we are...

Reading the Tea Leaves in the EU-India FTA Negotiations to Anticipate Issues for Canada-EU CETA

News Centre reports that India and the EU free trade agreement negotiators will meet next week after the Canadian delegation leaves Brussels. The India-Eu FTA negotiations started in 2007 and the negotiators are on the Seventh...

Canada - EU CETA Update: Copyright

The Wire Report is reporting that the EU is pressuring Canada in the second Round of Canada - European Union Comprehensive Economic and Trade Agreement negotiations to make significant amendments to Canada's copyright laws....

TRADE Act Proposed

The Trade Reform, Accountability, Development and Employment Act, TRADE Act, H.R. 3012, mandates review of all international trade agreements currently in force, establishes new standards and requirements for future trade...

WTO Panel Decision in China Publications & Audiovisual Case Important

On August 12, 2009, the WTO issued the DSB Panel Decision in DS363 "China — Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products". To obtain a copy of the...

Australian Productivity Commission recommends removal of parallel importation protections for books

As many would be aware, the Australian Productivity Commission ("Productivity Commission") has been undertaking a review of "parallel import" protection afforded to Australian authors and publishers.  The current provisions...

Canada's Privacy Commissioner Issues Report Facebook Needs to Improve Privacy Practices

On July 16, 2009, Canada's Privacy Commissioner issued a news release entitled " facebook needs to improve privacy practices, investigation finds". A copy of the news release may be found at the following link -...

Registered design allows action against imports infringing that design

The decision of the Australian Federal Court in LED Technologies Pty Ltd v Elecspress Pty Ltd allowed an action brought by a local of holder of registered designs against the importers of goods produced overseas in breach of the...