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Friday, August 08, 2014
(1) TRADE LAW

Trade Regulations are laws enacted by Congress and/or by a state to ensure a free and competitive economy. The U.S. Constitution, through the Commerce Clause, gives Congress exclusive power over trade activities between the states and with foreign countries. These regulations promote free trade and fair competition, and prohibit anti-competitive business practices. Trade regulation is closely associated with antitrust law, and is often referred to as antitrust and trade regulation law. Antitrust law prohibits anti-competitive conduct or business structures, such as price-fixing, bid-rigging, trusts and monopolies.

The Federal Trade Commission (FTC) enforces federal consumer protection laws that prohibit fraud, deception, and other unfair business practices. The FTC also enforces federal antitrust laws that prohibit anti-competitive mergers and other business practices that restrict competition and harm consumers. Trade regulation rules have the force of law. Other federal agencies that assist in trade regulation include the Department of Commerce (DOC) and its bureau, the International Trade Administration (ITA). The DOC promotes economic growth, jobs and technological advancement. The ITA promotes trade and investment through enforcement of U.S. trade laws and agreements, and works to strengthen the international trade position of the U.S.

Trade within a state is regulated exclusively by the states themselves. Most states also have antitrust statutes prohibiting monopolistic conduct, price fixing agreements and other anti-competitive acts to ensure free trade within the state.  
 

Articles Related to Trade Regulation Law

  • Understanding Trademark Infringement
    Trademark infringement can be a serious issue, especially if you run a small business that depends on various distribution channels. Do you understand how the laws could affect you?
  • Court Rules Copyright Ownership Can Be Transferred Using Electronic Signature
    In a matter of first impression, the Fourth Circuit Court of Appeals recently ruled that an electronic signature can create a legally binding agreement to transfer copyright ownership. The decision relied on the federal E-Sign Act of 2000, which clarified that contracts cannot be invalidated simply because the signature is in electronic form.
  • Entertainment Industry Study Finds Online Piracy Growing
    Online copyright infringement shows no signs of slowing down, according to a new study commissioned by NBCUniversal and prepared by NetNames. Among the study’s findings ��" 432 million unique Internet users explicitly sought infringing content during just one month in 2013.
  • Two Years Later: Where Does the America Invents Act Stand?
    Congress passed the America Invents Act (AIA) roughly two years ago. However, many of the law’s provisions only became effective on March 16, 2013.
  • Court Rules Copyright Ownership Can Be Transferred Using Electronic Signature
    In a matter of first impression, the Fourth Circuit Court of Appeals recently ruled that an electronic signature can create a legally binding agreement to transfer copyright ownership. The decision relied on the federal E-Sign Act of 2000, which clarified that contracts cannot be invalidated simply because the signature is in electronic form.
  • Always, Always, Always Read the Contract
    Think about the last contract you signed. Did you know which sections were negotiable? Which provisions, with negotiated changes, could have enhanced the value received from the contract?
  • Google Expands Patent Search Tool
    Google’s Patent Search engine is a valuable and underutilized tool for inventors and businesses. It allows users to search several patent offices at once for granted patents, published patent applications, and even prior art.
  • Entertainment Industry Study Finds Online Piracy Growing
    Online copyright infringement shows no signs of slowing down, according to a new study commissioned by NBCUniversal and prepared by NetNames. Among the study’s findings ��" 432 million unique Internet users explicitly sought infringing content during just one month in 2013.
  • Are You Getting Shortchanged on Patent Royalties?
    Licensing intellectual property can be a lucrative stream of revenue. However, businesses need to have procedures in place to ensure accurate reporting and royalty payments.
  • What Should I Do When I Have Been Served With a Lawsuit?
    Being served with a lawsuit whether the lawsuit is against you personally or against your business is a stressful thing. While the summons and complaint give you instructions on your deadline to respond to the complaint, those instructions are not complete. This article will help you remain calm when you are served with a lawsuit in Georgia by providing you with more detail on your rights after you have been served.
  • All Antitrust and Trade Regulation Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Antitrust and Trade Regulation including: competition law, international trade, trade investment and unfair competition.

Trade Regulation Law - US

  • ABA - International Trade Committee

    The International Trade Committee follows international trade proceedings and trade policy, primarily with regard to the regulation of imports, both in the United States and abroad.

  • CFR Title 16 - Commercial Practices

    Commission rules are published in Title 16 of the Code of Federal Regulations.

  • Federal Trade Commission

    The FTC deals with issues that touch the economic life of every American. It is the only federal agency with both consumer protection and competition jurisdiction in broad sectors of the economy. The FTC pursues vigorous and effective law enforcement; advances consumers’ interests by sharing its expertise with federal and state legislatures and U.S. and international government agencies; develops policy and research tools through hearings, workshops, and conferences; and creates practical and plain-language educational programs for consumers and businesses in a global marketplace with constantly changing technologies.

  • Free Trade Area of the Americas (FTAA)

    The effort to unite the economies of the Americas into a single free trade area began at the Summit of the Americas, which was held in December 1994 in Miami, U.S.A. The Heads of State and Government of the 34 democracies in the region agreed to construct a Free Trade Area of the Americas, or FTAA, in which barriers to trade and investment will be progressively eliminated.

  • FTC - Rules of Practice

    The "Rules of Practice" describe how the FTC is organized and its procedures for conducting investigational, administrative, and judicial proceedings.

  • National Law Center for Inter-American Free Trade

    The National Law Center for Inter-American Free Trade is a 501(c)(3) non-profit research and educational institution affiliated with the James E. Rogers College of Law at the University of Arizona in Tucson, Arizona. The Center is dedicated to developing the legal infrastructure to build trade capacity and promote economic development in the Americas.

  • Office of the United States Trade Representative (USTR)

    The Office of the United States Trade Representative (USTR) is an agency of over 200 people, a highly committed group of professionals who have decades of specialized experience in trade issues and regions of the world. They negotiate directly with foreign governments to create trade agreements, resolve disputes and participate in global trade policy organizations.

  • Trade Regulation Law - Overview

    The terms trade and commerce are often used interchangeably, with commerce referring to large-scale business activity and trade describing commercial traffic within a state or a community. The U.S. Constitution, through the Commerce Clause, gives Congress exclusive power over trade activities between the states and with foreign countries.

  • Trade Regulation Law - Wikipedia

    Trade regulation is a field of law, often bracketed with antitrust (as in the phrase “antitrust and trade regulation law”), including government regulation of unfair methods of competition and unfair or deceptive business acts or practices. Antitrust law is often considered a subset of trade regulation law. Franchise and distribution law, consumer protection law, and advertising law are sometimes considered parts of trade regulation law

  • United States International Trade Commission

    An independent federal agency determining import injury to U.S. industries in antidumping, countervailing duty, and global and China safeguard investigations; directing actions against unfair trade practices involving patent, trademark, and copyright infringement; supporting policymakers through economic analysis and research on the global competitiveness of U.S. industries; and maintaining the U.S. Harmonized Tariff Schedule.

Trade Regulation Law - International

  • Andean Community

    We are a Community of four countries that decided voluntarily to join together for the purpose of achieving more rapid, better balanced and more autonomous development through Andean, South American and Latin American integration. We have planned to move ahead in deepening an integral integration process that will contribute effectively to sustainable and equitable human development, in order to live well, with respect for the diversity and asymmetries that agglutinate the different visions, models and approaches and that will converge in the formation of the Union of South American Nations (Unasur).

  • Centre for Trade Policy and Law

    CTPL is a non-governmental, non-profit think tank specializing in trade capacity building and institutional support services for public- and private-sector clients and international organizations. It was established in 1989 with a three-fold mandate to promote greater public understanding of trade and investment policy issues, to foster independent analysis and research on trade policy and legal issues, and to encourage the development of trade policy professionals and practitioners around the globe.

  • European Commission - Trade

    The European Commission's Directorate-General for Trade helps through the EU's trade policy to secure prosperity, solidarity and security in Europe and around the globe. We support the EU's Trade Commissioner Karel De Gucht and the whole of the European Commission in shaping a trade environment that is good for people and for business.

  • European Union - External Trade

    The common commercial policy is a pillar for the external relations of the European Union. It is based on a set of uniform rules under the Customs Union and the Common Customs Tariff and governs the commercial relations of the Member States with Non-EU Member Countries. The purpose of the instruments of trade defence and market access is mainly to protect European businesses from obstacles to trade.

  • International Trade Law - Overview

    International trade law is the mixture of domestic or national law and public international law that applies to transactions for goods or services that cross national boundaries. Certain multilateral treaties play an important roles in this field -- notably the Convention for the International Sales of Goods and several dealing with dispute resolution and the enforcement of resulting adjudications.

  • International Trade Law - Wikipedia

    International trade law includes the appropriate rules and customs for handling trade between countries or between private companies across borders. Over the past twenty years, it has become one of the fastest growing areas of international law.

  • NAFTA Secretariat

    The NAFTA Secretariat is a unique organization established pursuant to Article 2002 of the North American Free Trade Agreement (NAFTA). It administers the mechanisms specified under the NAFTA to resolve trade disputes between national industries and/or governments in a timely and impartial manner.

  • Trade in Latin America

    LANIC's mission is to facilitate access to Internet-based information to, from, or on Latin America. Our target audience includes people living in Latin America, as well as those around the world who have an interest in this region. While many of our resources are designed to facilitate research and academic endeavors, our site has also become an important gateway to Latin America for primary and secondary school teachers and students, private and public sector professionals, and just about anyone looking for information about this important region.

  • United Nations Commission on International Trade Law (UNCITRAL)

    The United Nations Commission on International Trade Law (UNCITRAL) was established by the General Assembly in 1966 ( Resolution 2205(XXI) of 17 December 1966). In establishing the Commission, the General Assembly recognized that disparities in national laws governing international trade created obstacles to the flow of trade, and it regarded the Commission as the vehicle by which the United Nations could play a more active role in reducing or removing these obstacles. The General Assembly gave the Commission the general mandate to further the progressive harmonization and unification of the law of international trade. The Commission has since come to be the core legal body of the United Nations system in the field of international trade law.

  • United Nations Convention on Contracts for the International Sale of Goods

    Adopted by a diplomatic conference on 11 April 1980, the Convention establishes a comprehensive code of legal rules governing the formation of contracts for the international sale of goods, the obligations of the buyer and seller, remedies for breach of contract and other aspects of the contract. The Convention entered into force on 1 January 1988.

  • United Nations Economic and Social Commission for Asia and the Pacific (ESCAP)

    The United Nations Economic and Social Commission for Asia and the Pacific (ESCAP) is the regional development arm of the United Nations for the Asia-Pacific region. With a membership of 62 Governments, 58 of which are in the region, and a geographical scope that stretches from Turkey in the west to the Pacific island nation of Kiribati in the east, and from the Russian Federation in the north to New Zealand in the south,

  • World Trade Law

    After spending a number of years working as international trade lawyers, we started this web site in January of 2001. Our goal in setting up the site was to create a research tool for people interested in international trade law issues. Based on our own experience in researching these issues, we felt that there would be great value in a web site which would serve as a portal to the wide variety of information scattered in various places throughout the web.

Organizations Related to Trade Regulation Law

  • Agency for International Trade Information and Cooperation

    AITIC is an intergovernmental organisation, based in Geneva, whose goal is to help less-advantaged countries (LACs) to benefit from the globalisation process in general and the multilateral trading system in particular by assisting them in taking a more active part in the work of the World Trade Organization (WTO) and other trade-related organisations in Geneva, as well as the negotiations under the auspices of the former.

  • Federation of International Trade Associations

    FITA (The Federation of International Trade Associations) has 450 association members and 450,000 linked company members dedicated to the promotion of international trade, import-export, international logistics management, international finance and more. The FITA Global Trade Portal, is the source for international import export trade leads, events, and links to 8,000 international trade (export import) related Websites.

  • Global Trade Watch

    Global Trade Watch (GTW) is a division of Public Citizen, the national consumer and environmental group founded in 1971. Public Citizen has about 90,000 due-paying members mainly in the U.S. GTW was created in 1995 to promote government and corporate accountability in the globalization and trade arena. Having built unique substantive capacity and diverse contacts with other public interest organizations, the press and policy-makers, GTW's work makes Public Citizen one of the few progressive U.S. organizations focused full-time on globalization issues.

  • International Centre for Trade and Sustainable Development

    The International Centre for Trade and Sustainable Development (ICTSD) was established in Geneva in September 1996 to contribute to a better understanding of development and environment concerns in the context of international trade. As an independent non-profit and non-governmental organisation, ICTSD engages a broad range of actors in ongoing dialogue about trade and sustainable development. With a wide network of governmental, non-governmental and inter-governmental partners, ICTSD plays a unique systemic role as a provider of original, non-partisan reporting and facilitation services at the intersection of international trade and sustainable development.

  • International Chamber of Commerce

    ICC (International Chamber of Commerce) is the voice of world business championing the global economy as a force for economic growth, job creation and prosperity. ICC activities cover a broad spectrum, from arbitration and dispute resolution to making the case for open trade and the market economy system, business self-regulation, fighting corruption or combating commercial crime.

  • International Trade Administration

    ITA's mission is to create prosperity by strengthening the competitiveness of U.S. industry, promoting trade and investment, and ensuring fair trade and compliance with trade laws and agreements. Trade.gov provides you access to ITA's valuable information and services regarding U.S. international trade policy.

  • Organization of American State's Foreign Trade Information System

    SICE - the Organization of American State's Foreign Trade Information System - centralizes information on trade policy in the Americas. On the SICE Website, you will find the full texts of trade agreements in force for OAS Member States, new and ongoing trade policy developments, information on national trade-related legislation, links to international, regional and national sources of trade policy information and more! SICE, with more than ten years online, strives to provide OAS member states and other users up-to-date and relevant information.

  • World Trade Organization

    The World Trade Organization (WTO) is the only global international organization dealing with the rules of trade between nations. At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations and ratified in their parliaments. The goal is to help producers of goods and services, exporters, and importers conduct their business.

Publications Related to Trade Regulation Law

  • International Trade Law News

    News, analysis and information on export controls, customs law, antidumping law and other international trade issues.


Posted at 07:43 am by Trade Law
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(2) TRADE INVESTMENT LAW

Trade Investment Law covers several areas of finance and investment but deals mostly with the process by which businesses acquire capital, either from loans, selling bonds, or the buying, selling, and trading of stocks from the businesses. While many of these transactions are governed in the United States by state and federal laws, international trade and investments are becoming much more important as the global economy has become more interconnected. As a result, a number of international laws may also play a role in trade investment law.

The Geneva-based World Trade Organisation (WTO) provides the legal framework for the multinational trading systems of goods and services. The WTO also has a number of programs for resolving disputes. A significant body of WTO case law relates to the balance between the trading rules and other societal objectives, like protection of human health or the environment. The WTO also delves into areas beyond typical market access rules, and looks at issues like domestic regulations, international protections of intellectual property rights, and international safety standards for food and drugs.

To accomplish these goals and enforce its policies, the WTO uses a sophisticated International Investment Law Arbitration system. A large network of bilateral investment treaties (BITs) have created the legal framework for this system of dispute resolution and the treatment of foreign investors. These systems are in place for not just individuals and business entities, but for governmental agencies, as well.

Domestically, the Securities and Exchange Commission (SEC) is the primary administrative body for the regulation of trade investments within the United States. Its regulations, and the enacting laws that brought the SEC into existence are filled with requirements for disclosures, trading rules, broker obligations, and many other legal rules. For more information about these specific areas, you can click on the links to the left for the related matters.

If you would like more information about Trade Investment Law, please review the materials found below. Additionally, should you require legal assistance, you can find an attorney by reviewing the Law Firms page on this site for a list of attorneys in your area who specialize in this area.

 

Trade Investment Law - US
  • Federal Trade Commission

    The FTC deals with issues that touch the economic life of every American. It is the only federal agency with both consumer protection and competition jurisdiction in broad sectors of the economy. The FTC pursues vigorous and effective law enforcement; advances consumers’ interests by sharing its expertise with federal and state legislatures and U.S. and international government agencies; develops policy and research tools through hearings, workshops, and conferences; and creates practical and plain-language educational programs for consumers and businesses in a global marketplace with constantly changing technologies.

  • Trade Compliance Center

    The Trade Compliance Center, the TCC, in the U.S. Department of Commerce's International Trade Administration, is the U.S. Government's focal point for monitoring foreign compliance with trade agreements to see that U.S. firms and workers get the maximum benefits from these agreements. The TCC is your one-stop shop for getting U.S. government assistance in resolving the trade barriers or unfair situations you encounter in foreign markets.

  • U.S. Free Trade Agreements

    Trade agreements help open markets and expand opportunities for American workers and businesses and can help your company enter and compete more easily in the global marketplace. Trade agreements are also a tool for promoting fair competition and encouraging foreign governments to adopt open and transparent rulemaking procedures as well as non-discriminatory laws and regulations. Trade agreements can strengthen the business climate by including commitments on issues of concern along with the reduction and elimination of tariffs.

  • United States Court of International Trade

    The contents of each filing in the electronic case files on the USCIT Public Website may be subject to copyright and other proprietary rights (with the exception of the opinions, memoranda and orders of the Court). It is the user's obligation to determine and satisfy copyright or other use restrictions when publishing or otherwise distributing material found in the electronic case files. Transmission or reproduction of protected items beyond that allowed by fair use requires the written permission of the copyright owners. Users must make their own assessments of rights in light of their intended use.

  • United States Trade and Development Agency

    USTDA is an independent U.S. Government foreign assistance agency that is funded by the U.S. Congress. Our mission, USTDA Mission Statement, is to promote economic growth in developing and middle income countries, while simultaneously helping American businesses to export their products and services, thereby creating U.S. jobs. In addition, USTDA supports U.S. policy objectives related to development and capacity building activities.

  • US Department of State - Trade Policy and Programs

    Trade Policy and Programs (TPP) advances U.S. trade policy objectives by opening new export opportunities for American businesses, farmers, ranchers and workers through global, regional and bilateral trade initiatives - including free trade agreements (FTAs) and the World Trade Organization (WTO) Doha Development Agenda.

Organizations Related to Trade Investment Law

  • Asia-Pacific Economic Cooperation

    APEC is the premier Asia-Pacific economic forum. Our primary goal is to support sustainable economic growth and prosperity in the Asia-Pacific region. We are united in our drive to build a dynamic and harmonious Asia-Pacific community by championing free and open trade and investment, promoting and accelerating regional economic integration, encouraging economic and technical cooperation, enhancing human security, and facilitating a favorable and sustainable business environment. Our initiatives turn policy goals into concrete results and agreements into tangible benefits.

  • Export.gov - Trade Events

    Trade Events provide venues for U.S. exporters to meet international buyers, distributors, or representatives. By organizing trade missions and educational seminars; providing matching or export counseling services at trade shows; and recruiting buyer delegations to U.S. trade shows, the U.S. Government helps U.S. exporters expand global sales at trade events.

  • Free Trade Area of the Americas (FTAA)

    The effort to unite the economies of the Americas into a single free trade area began at the Summit of the Americas, which was held in December 1994 in Miami, U.S.A. The Heads of State and Government of the 34 democracies in the region agreed to construct a Free Trade Area of the Americas, or FTAA, in which barriers to trade and investment will be progressively eliminated. They agreed to complete negotiations towards this agreement by the year 2005 and to achieve substantial progress toward building the FTAA by 2000. The Heads of State and Government further directed their ministers responsible for trade to take a series of concrete initial steps to achieve the Free Trade Area of the Americas.

  • International Trade Administration (ITA)

    The International Trade Administration (ITA) strengthens the competitiveness of U.S. industry, promotes trade and investment, and ensures fair trade through the rigorous enforcement of our trade laws and agreements. ITA works to improve the global business environment and helps U.S. organizations compete at home and abroad. ITA supports President Obama’s recovery agenda and the National Export Initiative to sustain economic growth and support American jobs.

  • International Trade and Investment Law Society

    WCL is rapidly becoming the United States’ premier international trade and investment law program. The International Trade and Investment Law Society (ITILS) aims to bring highly renowned practitioners and academics into the WCL environment to share knowledge and ideas and offer students unique and intellectually beneficial opportunities. Not only is ITILS one of the most successful and engaged student groups here at WCL, but its members have gone on to create waves in the trade community here in D.C. and abroad.

  • Invest in America

    Foreign direct investment (FDI) plays a major role in the United States economy, both as a key driver of the economy and an important source of innovation, exports and jobs. The United States has always provided foreign investors a stable and welcoming market. As a place to do business, the United States offers a predictable and transparent legal system, low taxes, outstanding infrastructure, and access to the world’s most lucrative consumer market.

  • NASDAQ Stock Market

    The NASDAQ Stock Market, also known as the NASDAQ, is an American stock exchange. "NASDAQ" originally stood for "National Association of Securities Dealers Automated Quotations Systems," but the exchange's official stance is that the acronym is obsolete. It is the largest electronic screen-based equity securities trading market in the United States and fourth largest by market capitalization in the world. With 2919 ticker symbols, it has more trading volume than any other electronic stock exchange in the world.

  • Office of Bilateral Trade Affairs (BTA)

    The Office of Bilateral Trade Affairs (BTA) manages U.S. bilateral trade relations with countries around the world, assisting with the negotiation and implementation of Free Trade Agreements, Trade and Investment Framework Agreements, and trade preference programs. We work closely with the Office of the U.S. Trade Representative as well as the Departments of Agriculture, Treasury, Commerce, and Homeland Security. Additionally, we work with Congress, the private sector, academia, and think tanks.

  • Office of the United States Trade Representative (USTR)

    The Office of the United States Trade Representative (USTR) is an agency of over 200 people, a highly committed group of professionals who have decades of specialized experience in trade issues and regions of the world. They negotiate directly with foreign governments to create trade agreements, resolve disputes and participate in global trade policy organizations. They also meet with governments, business groups, legislators and public interest groups to gather input on trade issues and explain the president’s trade policy positions. The agency was founded in 1962 and has offices in Washington, Geneva and Brussels.

  • Overseas Private Investment Corporation (OPIC)

    OPIC’s mission is to mobilize & facilitate the participation of United States private capital & skills in the economic & social development of less developed countries & areas, & countries in transition from non market to market economies.

  • Trade Information Center - Export.gov

    Export.gov offers a wide range of current industry and trade information to help exporters of U.S goods and services find the information they need to compete successfully in overseas markets. View the available information for your industry.

  • World Trade Organization

    Essentially, the WTO is a place where member governments go, to try to sort out the trade problems they face with each other. The first step is to talk. The WTO was born out of negotiations, and everything the WTO does is the result of negotiations. The bulk of the WTO's current work comes from the 1986-94 negotiations called the Uruguay Round and earlier negotiations under the General Agreement on Tariffs and Trade (GATT). The WTO is currently the host to new negotiations, under the “Doha Development Agenda” launched in 2001.

Publications Related to Trade Investment Law

  • ABA - Trade Lawyers Blog

    This blawg is a forum for international trade lawyers to share information, deposit relevant international cases and articles and educate others about international trade developments affecting their region or in which their country is participating.

  • International Trade Forum

    The International Trade Forum is the magazine of the International Trade Centre (ITC). It focuses on trade promotion and export development, as part of ITC’s technical cooperation programme with developing countries and economies in transition. The magazine is published quarterly in English, French and Spanish. ISSN 0020-8957

Articles Related to Trade Investment Law

  • PFG Lawyer
    If you were a client of PFG and lost money as a result of the company's fraudulent behavior, filing a claim against PFG will help to ensure that you recover some or all of your losses once PFG's missing funds are located. Russell Wasendorf Sr., the former CEO of Peregrine Financial Group Inc. (PFG) was arrested last week.
  • CDO Attorneys Use their Skill and Expertise to Protect Investment Victims
    Why would you need an experienced CDO attorney? Unfortunately, investors are frequently taken advantage of or "scammed" by brokers and financial advisors, even in the area of collateral debt obligations. As these asset-backed securities were found not to be diversified enough when the stock market started to collapse, it became apparent that these CDO's were being sold by investment bankers, who then used the money to themselves profit.
  • Deutsche Börse AG Suspends New Listings on the Open
    On December 20, 2011, Deutsche Börse AG suspended new listings for the First Quotation Board due to fraud and new cases of suspected market manipulation among several shares listed in the First Quotation Board. Deutsche Börse AG stated, “prosecution according to criminal law and supervisory legislation only seems to have a limited deterrent effect. By Brenda Lee Hamilton
  • Why Put Your Trust in a Securities Fraud Attorney?
    Once you have been taken advantage of by deceitful stockbrokers or financial advisors, it's hard to trust anyone. However, it is essential that you consult with a capable securities fraud attorney if a financial professional has encouraged you to invest in ventures that are risky or if they have invested your money without your knowledge.
  • New Listing Standards for Reverse Merger Issuers
    On July 9, 2011, the Securities and Exchange Commission (“SEC”) approved rules to increase the standards for companies going public through a reverse merger to list on the New York Stock Exchange (“NYSE”), American Stock Exchange (“AMEX”) and the NASDAQ Stock Market (“NASDAQ”).
  • Form S-8 Registration Requirements
    Registration of securities on Form S-8 (“Form S-8”) is a short-form registration statement under the Securities Act of 1933, as amended (the “Securities Act”). By Brenda Lee Hamilton, P.A. Hamilton & Associates
  • Do You Need a Commodities Fraud Attorney?
    If you trade on the futures market and suspect commodities fraud, it is to your advantage to consult with a talented commodities fraud attorney who will work to help you recover your losses.
  • Choosing a Securities Arbitration Lawyer
    Choosing a securities arbitration lawyer is not something that should be done in haste, and without careful consideration. When you are facing a dispute with brokers or financial advisors, it is essential that you have experienced and skilled legal representation.
  • The Criminal Cloud over S.E.C. Investigations of Insider Trading
    Your client, a respected real estate attorney, receives a subpoena duces tecum from the Securities and Exchange Commission (S.E.C.) requesting all documents relating to her purchase and sale of the stock of X.Y.Z., Inc.
  • When is a Promissory Note a Security?
    In this article, the author discusses when a promissory note is a “security.” The issue is important because, if the note is a security, then the issuer of the note must comply with securities laws. If the note is not a security, then the loan transaction can go forward without securities law compliance. Given the costs of securities law compliance, issuers want to avoid it whenever possible.
  • All Banking and Finance Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Banking and Finance including: asset protection, capital markets, corporate finance, financial planning, financial services law, investment law, offshore accounts, private equity, project finance, public finance, securities, trade investment and venture capital. 
     

 


Posted at 07:47 am by Trade Law
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(3) TRADEMARK LAW

A Trademark or service mark is a distinctive word, phrase, slogan, name, graphic symbol, picture, emblem, device, design, logo or any combination thereof which is used in commerce to identify and distinguish a company’s products or services from that of another company and to indicate the source of the goods or services. A service mark does the same thing as a trademark, but instead of products, service marks identify services and events.

Trademark law governs the use of trademarks and service marks. Trademarks are a form of intellectual property. The law entitles the owner(s) to exclusive use of the mark in relation to the products or services for which it is registered. The law in most jurisdictions also allows the owner of a registered trademark to prevent unauthorized use of the mark in relation to products or services which are identical or similar to the registered products or services, know as trademark infringement.

Trademark infringement occurs when one party adopts or uses a trademark that is confusingly similar to the prior adopted and used trademark for similar products or services. To prove infringement the mark’s owner(s) must prove that the infringer’s use of the mark has created a likelihood of confusion about the origin of the defendant's goods or services. The confusion created can be that the infringer’s products are the same as that of the owner(s) or that the infringer is somehow associated, affiliated, connected, approved, authorized or sponsored by the owner(s). The necessity of the confusion element has been well established under both federal and state case law.


Trademarks are governed by both state and federal law. State common law originally provided the main source of protection of trademarks, but over time, federal trademark law has assumed much of the ground originally covered by state common law and now provides the main source of trademark protection. The main federal statute is the Trademark Act of 1946, as amended (the Lanham Act) which codified much of the existing common law on trademarks. The Patent and Trademark Office (PTO) is responsible for administering all laws relating to trademarks and patents in the U.S.

Rights to a trademark can be acquired by either being the first to register the mark with the PTO, or by being the first to use the mark in commerce, which provides protection at the state level by statute and/or common law. To obtain the greatest protection for a mark, it is usually advisable to register the mark. A mark which is registered with the PTO should be marked with the ® symbol. Unregistered trademarks should be marked with a “tm”, and unregistered service marks should be marked with an “sm”.

Trademark rights can be lost through improper licensing, assignment, genericity or abandonment. If the use of a trademark is licensed without adequate quality control or supervision by the trademark owner, the trademark will be canceled. And if the rights to a trademark are assigned to another party in gross, without corresponding sale of any assets, the trademark will be canceled. Genericity is when a trademark loses its distinctiveness over time and becomes generic, thereby losing its trademark protection. Trademark rights must be maintained through actual lawful use of the mark for a period of time, which varies, or rights to the mark will cease. In addition, if a mark’s registered owner(s) fail to enforce the registration in the event of infringement, it may also expose the registration to become liable for an application for removal from the register after a certain period of time on the grounds of “non-use”. Copyright HG.org

 

Articles Related to Trademark Law

  • Understanding Trademark Infringement
    Trademark infringement can be a serious issue, especially if you run a small business that depends on various distribution channels. Do you understand how the laws could affect you?
  • Court Rules Copyright Ownership Can Be Transferred Using Electronic Signature
    In a matter of first impression, the Fourth Circuit Court of Appeals recently ruled that an electronic signature can create a legally binding agreement to transfer copyright ownership. The decision relied on the federal E-Sign Act of 2000, which clarified that contracts cannot be invalidated simply because the signature is in electronic form.
  • Entertainment Industry Study Finds Online Piracy Growing
    Online copyright infringement shows no signs of slowing down, according to a new study commissioned by NBCUniversal and prepared by NetNames. Among the study’s findings ��" 432 million unique Internet users explicitly sought infringing content during just one month in 2013.
  • Two Years Later: Where Does the America Invents Act Stand?
    Congress passed the America Invents Act (AIA) roughly two years ago. However, many of the law’s provisions only became effective on March 16, 2013.
  • Court Rules Copyright Ownership Can Be Transferred Using Electronic Signature
    In a matter of first impression, the Fourth Circuit Court of Appeals recently ruled that an electronic signature can create a legally binding agreement to transfer copyright ownership. The decision relied on the federal E-Sign Act of 2000, which clarified that contracts cannot be invalidated simply because the signature is in electronic form.
  • Google Expands Patent Search Tool
    Google’s Patent Search engine is a valuable and underutilized tool for inventors and businesses. It allows users to search several patent offices at once for granted patents, published patent applications, and even prior art.
  • Entertainment Industry Study Finds Online Piracy Growing
    Online copyright infringement shows no signs of slowing down, according to a new study commissioned by NBCUniversal and prepared by NetNames. Among the study’s findings ��" 432 million unique Internet users explicitly sought infringing content during just one month in 2013.
  • Are You Getting Shortchanged on Patent Royalties?
    Licensing intellectual property can be a lucrative stream of revenue. However, businesses need to have procedures in place to ensure accurate reporting and royalty payments.
  • MLK’s Historic Speech Protected by Copyright
    If you watched coverage of the 50th anniversary of Martin Luther King’s “I Have a Dream” speech, you may have noticed that very few programs aired the speech in its entirety. That is because King’s remarks are protected by copyright until 2038.
  • Trademark Infringement
    The following article discusses the basics of trademark infringement in the United States.
  • All Intellectual Property Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Intellectual Property including: copyright, domain names, licensing law, patents, trade secrets and trademark.

Trademark Law - US

  • ABA - Intellectual Property Law Section - Trademarks

    The work of the ABA Section of Intellectual Property Law (ABA-IPL) - through its eight Divisions and over 60 committees- is the foundation and heart of our productive efforts as the largest and most influential organization of intellectual property lawyers in the world.

  • Intellectual Property Rights e-Recordation (IPRR) - Customs and Border Protection (CBP)

    The U.S. Customs & Border Protection (CBP), a bureau of the Department of Homeland Security, maintains a trademark recordation system for marks registered at the United States Patent and Trademark Office. Parties who register their marks on the Principal Register may record these marks with CBP, to assist CPB in its efforts to prevent the importation of goods that infringe registered marks. The recordation database includes information regarding all recorded marks, including images of these marks. CBP officers monitor imports to prevent the importation of goods bearing infringing marks, and can access the recordation database at each of the 317 ports of entry.

  • Lanham Act of 1946 (Trademark Act)

    The Lanham Act, 15 U.S.C. §§ 1051 et seq., was enacted by Congress in 1946 based on the power granted to it by the Commerce Clause. It provides for a national system of trademark registration and protects the owner of a federally registered mark against the use of similar marks if such use is likely to result in consumer confusion, or if the dilution of a famous mark is likely to occur. The scope of the Lanham Act is independent of and concurrent with state common law.

  • Madrid Protocol

    The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks -- the Madrid Protocol -- is one of two treaties comprising the Madrid System for international registration of trademarks. The protocol is a filing treaty and not a substantive harmonization treaty. It provides a cost-effective and efficient way for trademark holders -- individuals and businesses -- to ensure protection for their marks in multiple countries through the filing of one application with a single office, in one language, with one set of fees, in one currency.

  • Trademark Law - Overview

    Trademarks were traditionally protected in the United States only under State common law, growing out of the tort of unfair competition. As early as 1791, Thomas Jefferson proposed that the marks of sailcloth makers could be protected under the Commerce Clause, but it was not until 1870 that Congress first attempted to establish a federal regime for the protection of trademarks. This statute, purported to be an exercise of the Copyright Clause powers, was struck down in the Trade-Mark Cases, leading Congress to finally create a successful act under its Commerce Clause power in 1881.

  • Trademark Manual of Examining Procedure (TMEP)

    The Manual is published to provide trademark examining attorneys in the USPTO, trademark applicants, and attorneys and representatives for trademark applicants with a reference work on the practices and procedures relative to prosecution of applications to register marks in the USPTO. The Manual contains guidelines for Examining Attorneys and materials in the nature of information and interpretation, and outlines the procedures which Examining Attorneys are required or authorized to follow in the examination of trademark applications.

  • Trademark Process - US Patent and Trademark Office

    There are three types of intellectual property: trademarks, patents and copyrights. The Trademark Office of the USPTO handles trademarks only. If you have now determined that a trademark is what you need, your second step should be to familiarize yourself with the general rules and requirements for applying for a trademark registration.

  • Trademark Trial and Appeal Board

    The TTAB is an administrative board that hears and decides adversary proceedings between two parties, namely, oppositions (party opposes a mark after publication in the Official Gazette ) and cancellations (party seeks to cancel an existing registration). The TTAB also handles interference and concurrent use proceedings, as well as appeals of final refusals issued by USPTO examining attorneys within the course of the prosecution of applications.

  • US Patent and Trademark Office

    The United States Patent and Trademark Office (USPTO) is the Federal agency for granting U.S. patents and registering trademarks. In doing this, the USPTO fulfills the mandate of Article I, Section 8, Clause 8, of the Constitution that the Executive branch "promote the progress of science and the useful arts by securing for limited times to inventors the exclusive right to their respective discoveries." The USPTO registers trademarks based on the Commerce Clause of the Constitution (Article 1, Section 8, Clause 3). Under this system of protection, American industry has flourished.

Trademark Law in Europe

  • European Communities Trademark Association

    ECTA brings together all those persons practising professionally in the Member States of the European Community in the field of trade marks, designs and related IP matters. These professionals are trade mark advisors, trade mark attorneys, lawyers practising in industry and all others who can be considered specialist practitioners in these areas. ECTA is therefore, an association made up of individuals coming from industry and from private practice, who have a common interest concerning the protection of trade marks and designs in the European Union.

  • MARQUES - Association of European Trademark Owners

    MARQUES, which was founded in 1987, is the association of European trade mark owners. MARQUES represents trade mark owners’ interests before the relevant EU and other international bodies in all relevant areas. It also organises networking and educational events and promotes communication between brand owners in Europe. The MARQUES website provides a wide range of information and general IP resources of use to both trade mark owners and legal practitioners.

  • Trademarks and Designs Registration Office - EU

    OHIM is the European Union agency responsible for registering trade marks and designs that are valid in all 27 countries of the EU.

Trademark Law - International

  • International Trademark Association

    The International Trademark Association (INTA) is a not-for-profit membership association of more than 5,500 trademark owners and professionals, from more than 190 countries, dedicated to the support and advancement of trademarks and related intellectual property as elements of fair and effective national and international commerce.

  • Madrid System for the International Registration of Marks

    The Madrid system for the international registration of marks (the Madrid system) established in 1891 functions under the Madrid Agreement (1891), and the Madrid Protocol (1989). It is administered by the International Bureau of WIPO located in Geneva, Switzerland.

  • Trademark Law Treaty

    The aim of the Trademark Law Treaty (TLT) is to approximate and streamline national and regional trademark registration procedures. This is achieved through the simplification and harmonization of certian features of those procedures, thus making trademark applications and the administration of trademark registrations in multiple jurisdictions less complex and more predictable.

  • Trademarks - International Guide

    Find information on trademark legislation by country.

  • World Intellectual Property Organization (WIPO)

    The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations. It is dedicated to developing a balanced and accessible international intellectual property (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest. WIPO was established by the WIPO Convention in 1967 with a mandate from its Member States to promote the protection of IP throughout the world through cooperation among states and in collaboration with other international organizations. Its headquarters are in Geneva, Switzerland. The Director General is Francis Gurry.

  • World Trademark Report

    The World Trademark Report is a daily email service that provides Newsletter Updates on trademark developments from over 60 jurisdictions. The Newsletter Updates are written by a panel of 200 leading trademark lawyers from both national and international law firms. They are written in a clear and concise manner, and are designed specifically for senior lawyers in industry and private practice, as well as government and regulatory officials.

Organizations Related to Trademark Law

  • AIPLA - Trademark Law Committee

    AIPLA is a national bar association constituted primarily of lawyers in private and corporate practice, in government service, and in the academic community. AIPLA represents a wide and diverse spectrum of individuals, companies and institutions involved directly or indirectly in the practice of patent, trademark, copyright, trade secret, and unfair competition law, as well as other fields of law affecting intellectual property. Our members represent both owners and users of intellectual property.

  • StopFakes.gov

    In October of 2004, the Bush Administration announced an initiative that reinforced this objective ��" the Strategy Targeting Organized Piracy (STOP!). STOP! is led by the White House and brings together the Department of Commerce, the Department of Justice, the Department of Homeland Security, the Food and Drug Administration, the State Department, and the Office of the U.S. Trade Representative. STOP! is the most comprehensive initiative ever advanced to fight global piracy by systematically dismantling piracy networks, blocking counterfeits at our borders, helping American businesses secure and enforce their rights around the world, and collaborating with our trading partners to ensure the fight against fakes is global.


Posted at 08:05 am by Trade Law
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