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Papers by Gail Evans

Research paper thumbnail of Substansive Trademark Law Harmonization by Means of the WTO Appelate Body and the European Court of Justice: The Case of Trade Name Protection

Research paper thumbnail of The Protection of Geographical Indications After Doha: Quo Vadis?

Journal of International Economic Law, 2006

Research paper thumbnail of Patent licensing strategies for the research and development of pharmaceuticals in developing countries

The Global Governance of HIV/AIDS

Research paper thumbnail of Recent Developments in the Protection of Trademarks and Trade Names in the European Union: From Conflict to Coexistence?

Paris Convention"). Article 1(2) concerning the scope of industrial property provides: "The prote... more Paris Convention"). Article 1(2) concerning the scope of industrial property provides: "The protection of industrial property has as its object. .. trademarks, service marks, trade names, indications of source or appellations of origin, and the repression of unfair competition." 7. First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trademarks (referred to herein as the "Trademark Directive," europa.eu.int/eur-lex/en/consleg/pdf/1989/en_1989L0104_do_001.pdf. 8. Sir Duncan Kerly, The Law of TradeMarks , TradeNames , and Merchandise Marks 12-17 (Sweet & Maxwell 1894). Sir Duncan continued: "These badges are generally numerous, and they comprise in particular the name under which he trades, that is, his tradename ; the names or titles by which his goods are referred to, that is, the tradename of his goods; and the fashion or 'get up' in which the goods appear in the market, so far as these are distinctive of his trade and goods." Id. at 13. Similarly, see Frank I. Schechter, The Historical Foundations of the Law Relating To Trademarks 5 (1925). 9. Paris Convention, see supra note 6. 105. Case C-63/97 Bayerische Motorenwerke AG (BMW) and BMW Nederland BV v.

Research paper thumbnail of Intellectual Property as a Trade Issue The Making of the Agreement on Trade-Related Aspects of Intellectual Property Rights

Research paper thumbnail of A comparative analysis of the protection of geographical indications in the European Union and the United States under sui generis and trademark systems

Intellectual Property in Common Law and Civil Law, 2013

Research paper thumbnail of Strategic patent licensing for public research organizations: deploying restriction and reservation clauses to promote medical R&D in developing countries

American journal of law & medicine, 2008

ABSTRACT To date, the attention of legal scholars to issues of public health in the developing wo... more ABSTRACT To date, the attention of legal scholars to issues of public health in the developing world has of necessity focused on the rapid procurement of affordable medicines by means of compulsory licensing and parallel importing. While these means are necessary to address the national emergencies of epidemic disease, they are not the means to build a sustainable public health program for the provision of essential and affordable medicines. This paper seeks to move the legal debate upstream by focusing on the potential of patent licensing contracts between public research organizations (PROs) and the private sector to provide greater access to the kinds of medicines needed by patient populations in developing countries. In affirmation of the need to build research capacity in developing countries, this paper will therefore examine the content and potential scope of reservation and restriction clauses in patent licensing contracts. By this means, it is argued that developing countries can achieve an appropriate balance between the needs of the pharmaceutical industry for patent protection and those of PROs to disseminate knowledge as broadly as possible. In conclusion, it is submitted that the intersection of property and contract law provides an opportunity for developing country PROs as licensors to utilize the patent licensing contract to reclaim the policy space needed in overcoming the obstacles relating to the research and development of medicines.

Research paper thumbnail of Substantive trademark law harmonization: on the emerging coherence between the jurisprudence of the WTO Appellate Body and the European Court of Justice

Trademark Law and Theory, 2008

Research paper thumbnail of The simplification and codification of European legislation for the protection of geographical indications

Constructing European Intellectual Property, 2013

Research paper thumbnail of Trips and the Sufficiency of the Free Trade Principles

The Journal of World Intellectual Property, 2005

Research paper thumbnail of Opportunity Costs of Globalizing Information Licenses: Embedding Consumer Rights within the Legislative Framework for Information Contracts

Fordham Intell. Prop. Media & Ent. LJ, 1999

Opportunity Costs of Globalizing Information Licenses: Embedding Consumer Rights within the Legis... more Opportunity Costs of Globalizing Information Licenses: Embedding Consumer Rights within the Legislative Framework for Information Contracts Gail E. Evans* Introduction The economy of the latter twentieth century has witnessed a radical shift in production and value. We have ...

Research paper thumbnail of Intellectual Property Disputes and the Supercourt of the World Trade Organisation: The Case for a New Model of Dispute Resolution

Prometheus, 1998

The closing decade of the 20th century witnessed the emergence of a WTO ‘supercourt’ having the p... more The closing decade of the 20th century witnessed the emergence of a WTO ‘supercourt’ having the power to review states' intellectual property legislation. This article challenges the use of law as an instrument of global economic integration without a commensurate growth in legitimacy and public accountability to accompany the process. The recent case of United States and India—Patent Protection for

Research paper thumbnail of The International Protection of Geographical Indications Yesterday, Today and Tomorrow

Emerging Issues in Intellectual Property, 2007

Research paper thumbnail of Substansive Trademark Law Harmonization by Means of the WTO Appelate Body and the European Court of Justice: The Case of Trade Name Protection

Research paper thumbnail of The Protection of Geographical Indications After Doha: Quo Vadis?

Journal of International Economic Law, 2006

Research paper thumbnail of Patent licensing strategies for the research and development of pharmaceuticals in developing countries

The Global Governance of HIV/AIDS

Research paper thumbnail of Recent Developments in the Protection of Trademarks and Trade Names in the European Union: From Conflict to Coexistence?

Paris Convention"). Article 1(2) concerning the scope of industrial property provides: "The prote... more Paris Convention"). Article 1(2) concerning the scope of industrial property provides: "The protection of industrial property has as its object. .. trademarks, service marks, trade names, indications of source or appellations of origin, and the repression of unfair competition." 7. First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trademarks (referred to herein as the "Trademark Directive," europa.eu.int/eur-lex/en/consleg/pdf/1989/en_1989L0104_do_001.pdf. 8. Sir Duncan Kerly, The Law of TradeMarks , TradeNames , and Merchandise Marks 12-17 (Sweet & Maxwell 1894). Sir Duncan continued: "These badges are generally numerous, and they comprise in particular the name under which he trades, that is, his tradename ; the names or titles by which his goods are referred to, that is, the tradename of his goods; and the fashion or 'get up' in which the goods appear in the market, so far as these are distinctive of his trade and goods." Id. at 13. Similarly, see Frank I. Schechter, The Historical Foundations of the Law Relating To Trademarks 5 (1925). 9. Paris Convention, see supra note 6. 105. Case C-63/97 Bayerische Motorenwerke AG (BMW) and BMW Nederland BV v.

Research paper thumbnail of Intellectual Property as a Trade Issue The Making of the Agreement on Trade-Related Aspects of Intellectual Property Rights

Research paper thumbnail of A comparative analysis of the protection of geographical indications in the European Union and the United States under sui generis and trademark systems

Intellectual Property in Common Law and Civil Law, 2013

Research paper thumbnail of Strategic patent licensing for public research organizations: deploying restriction and reservation clauses to promote medical R&D in developing countries

American journal of law & medicine, 2008

ABSTRACT To date, the attention of legal scholars to issues of public health in the developing wo... more ABSTRACT To date, the attention of legal scholars to issues of public health in the developing world has of necessity focused on the rapid procurement of affordable medicines by means of compulsory licensing and parallel importing. While these means are necessary to address the national emergencies of epidemic disease, they are not the means to build a sustainable public health program for the provision of essential and affordable medicines. This paper seeks to move the legal debate upstream by focusing on the potential of patent licensing contracts between public research organizations (PROs) and the private sector to provide greater access to the kinds of medicines needed by patient populations in developing countries. In affirmation of the need to build research capacity in developing countries, this paper will therefore examine the content and potential scope of reservation and restriction clauses in patent licensing contracts. By this means, it is argued that developing countries can achieve an appropriate balance between the needs of the pharmaceutical industry for patent protection and those of PROs to disseminate knowledge as broadly as possible. In conclusion, it is submitted that the intersection of property and contract law provides an opportunity for developing country PROs as licensors to utilize the patent licensing contract to reclaim the policy space needed in overcoming the obstacles relating to the research and development of medicines.

Research paper thumbnail of Substantive trademark law harmonization: on the emerging coherence between the jurisprudence of the WTO Appellate Body and the European Court of Justice

Trademark Law and Theory, 2008

Research paper thumbnail of The simplification and codification of European legislation for the protection of geographical indications

Constructing European Intellectual Property, 2013

Research paper thumbnail of Trips and the Sufficiency of the Free Trade Principles

The Journal of World Intellectual Property, 2005

Research paper thumbnail of Opportunity Costs of Globalizing Information Licenses: Embedding Consumer Rights within the Legislative Framework for Information Contracts

Fordham Intell. Prop. Media & Ent. LJ, 1999

Opportunity Costs of Globalizing Information Licenses: Embedding Consumer Rights within the Legis... more Opportunity Costs of Globalizing Information Licenses: Embedding Consumer Rights within the Legislative Framework for Information Contracts Gail E. Evans* Introduction The economy of the latter twentieth century has witnessed a radical shift in production and value. We have ...

Research paper thumbnail of Intellectual Property Disputes and the Supercourt of the World Trade Organisation: The Case for a New Model of Dispute Resolution

Prometheus, 1998

The closing decade of the 20th century witnessed the emergence of a WTO ‘supercourt’ having the p... more The closing decade of the 20th century witnessed the emergence of a WTO ‘supercourt’ having the power to review states' intellectual property legislation. This article challenges the use of law as an instrument of global economic integration without a commensurate growth in legitimacy and public accountability to accompany the process. The recent case of United States and India—Patent Protection for

Research paper thumbnail of The International Protection of Geographical Indications Yesterday, Today and Tomorrow

Emerging Issues in Intellectual Property, 2007

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