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Record W2246996896

미국의 배제명령과 내국민대우원칙

2009· article· ko· W2246996896 on OpenAlexaboutno aff
나종갑

Bibliographic record

Venue산업재산권 · 2009
Typearticle
Languageko
FieldSocial Sciences
TopicWorld Trade Organization Law
Canadian institutionsnot available
Fundersnot available
KeywordsIntellectual propertyTariffInternational tradePlaintiffBusinessLawCommissionEuropean unionTRIPS AgreementLaw and economicsEconomicsPolitical science
DOInot available

Abstract

fetched live from OpenAlex

On Jan. 1989, a dispute panel under the GATT found that Section 337 of the U.S. Tariff Act which provide the U.S. International Trade Commission may issue exclusion orders to certain imported goods infringing intellectual property rights violated international trade rules, especially national treatment doctrine of GATT article 4. Then U.S. Congress amended the article of Tariff Act. Early 2000, however the European Union (EU) alleged Section 337 of the act continued to violate U.S. obligations under the GATT and the TRIPs Agreement by not allowing national treatment to imported goods that allegedly infringe U.S. intellectual property rights. Specifically, the EU joining with Canada and Japan alleged that foreign companies confront with claims at the USITC as well as in U.S. federal courts, whereas U.S. firms may only be challenged in courts, and have fewer opportunities to encounter actions than domestic companies, because the article 337 of Tariff Act only governs imported goods, not exported goods, and therefore foreign companies are treated less favor than U.S. domestic companies. This double opportunity is a clear advantage for the domestic company then, would have to be regarded as a denial of national treatment to imported goods. Conclusively, it must not be ignored that successive enforcements are a way in which the complainant can involve the foreign respondent in lengthy and costly the proceeding and the litigation under USITC and U.S. Court. However, the article 337 of Tariff Act also protect foreign companies registering their intellectual property in the U.S. Also the enforcement of intellectual property against foreign infringement is not under the same situation as against the domestic infringement. Then, the article 337 of Tariff Act allegedly satisfy the necessary exceptions under article 20 (d) of GATT and article 3 of the TRIPs Agreement.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesInsufficient payload (model declined to judge)
Consensus categoriesInsufficient payload (model declined to judge)
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.886
Threshold uncertainty score0.997

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.001
Science and technology studies0.0010.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0060.004

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.012
GPT teacher head0.277
Teacher spread0.265 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; both teacher heads agree on what is shown here.

Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2009
Admission routes1
Has abstractyes

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