Authors (A-C).

Adrian, Angela (Scotland, USA): I™: Avatars as Trade Marks

Aitken, Mhairi and Onate, Diego Quiroz (UK): Measuring CSR: Jumping off the Bandwagon of Confusion

Al-Sharieh, Saleh (Canada, Jordan): The Purpose of Copyright Protection in Jordan & Canada: A Brief Comparison

Anyanova, Ekaterina (Germany, Russia): Rescuing the inexhaustible... (The issue of fisheries subsidies in the international trade policy)

Avny, Amos (Israel): How to Cope with Globalization: Recommendations for the EU Novel Members

Burns, Thomas (Scotland): The legal implications of reputation risk

Colares, Juscelino and Bohn, John (Brazil, USA): A Comparison of U.S. Judicial and NAFTA Panel Review of Trade Remedy Cases

I™: Avatars as Trade Marks by Angela Adrian, Aberdeen Business School, Robert Gordon University.
Angela Adrian, (BBA , Schiller, London; MIM , Schiller, London, Juris Doctorate , Loyola, Louisiana); LL.M. , Aberdeen; Attorney, State of Louisiana, U.S. District Court for Louisiana ; Solicitor, England and Wales ) is a lecturer in the Department of Law, Aberdeen Business School, Robert Gordon University. She is also the General Editor of the Journal of International Trade Law and Policy which is a forum for current issues in all aspects of international trade.
Abstract
Virtual worlds may be the future of e-commerce. The game designers who created these thriving virtual worlds have discovered a much more attractive way to use the internet: through an avatar. This avatar is your identity. It will be your trade mark. Trade marks, more than other species of intellectual property, are one step further from tangible property. Stephen Carter has called trade marks "owning what doesn't exist." Every kind of intellectual property requires participants, users, to acquire value. What makes trade marks different is that they require participants to acquire meaning. This article deals with the complex problem of creating intangible property interests (i.e., trade marks) in what does not exist except in virtual reality. How do two parties with competing interests (game developers and the players) work to create trade marks within pre-trade marked worlds?

Measuring CSR: Jumping off the Bandwagon of Confusion by Mhairi Aitken and Diego Quiroz Onate, Robert Gordon University.
Mhairi Aitken is a PhD candidate at the Aberdeen Business School, The Robert Gordon University, UK. She finished her MSc in Environment and Development at the University of East Anglia and BA (Hons) Sociology at the University of York, UK
Diego Quiroz Onate (LLB at Universidad Externado. Bogota, Colombia ; LL.M in International Human Rights Law and Organisations at Lund University. Lund, Sweden ; Associate. Harvard University, Project: Business Recognition of Human Rights: Managed by Professor John Ruggie, UN Special Representative on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, Kenedy School of Government, Harvard University, US ) is a PhD Candidate/Guest Lecturer. at the Aberdeen Business School, The Robert Gordon University.
Abstract
Corporate Social Responsibility (CSR) is talked about a great deal in contemporary academic as well as corporate and commercial circles. This paper argues that despite, or perhaps because of, its fashionable status CSR is an ill-defined concept which has consequently been interpreted and implemented in numerous different, and even conflicting, ways. It is demonstrated that currently there is no clear and unanimous definition of what CSR is, or should be. Importantly this means that there are also no clear and unanimous guidelines of how companies or private organisations should adopt CSR. The paper contends that this problem is further amplified through the lack of one single mechanism to measure a firm’s CSR performance - there currently exists a multitude of different tools and strategies which pertain to serve this purpose, however, the lack of consistency or consensus between these mechanisms means that it is impossible to draw valid comparisons between the data they provide. Further, it is noted that this lack of consistency not only makes it hard to measure or compare firm’s progress, but moreover it makes it difficult for firms to know how to comply with CSR, or what it is that they should be complying with. The paper therefore argues that there is a need to develop one single standardised mechanism for measuring CSR performance so as to eliminate the current confusion and uncertainty that exists. It is contended that through a clearer picture of what is required of firms it would no longer be necessary for them to spend time and resources defining or interpreting the concept of CSR, rather they could instead focus on making valuable progress towards meeting the goals of CSR. Finally, the paper suggests that international law, and in particular human rights law, provides a strong basis from which to develop the required single, standard mechanism for measuring CSR performance.

The Purpose of Copyright Protection in Jordan & Canada: A Brief Comparison by Saleh Al-Sharieh, University Of Ottawa.
Saleh Al-Sharieh, LL.B., M.A.; LL.M. (Law & Tech); LL.D. (Candidate, University Of Ottawa). Saleh’s research focuses generally on the theory and practice of intellectual property law in the digital era and on comparative copyright law specifically. His doctoral dissertation develops a critique of the current status of access to knowledge under the international intellectual property, and how this status can be reformed by utilizing the international human rights law. Before starting graduate studies in the University of Ottawa, Saleh worked as an Intellectual Property Consultant at WirelexSoft.
Abstract
This paper compares and contrasts the purpose of copyright protection in both the Hashemite Kingdom of Jordan (“Jordan”) and Canada and the impact of such purpose on the equity of both systems. The paper argues that a just copyright model can only be found where copyright protection is provided according to the principle of “balance”, a human rights-related principle that equally considers the interests of authors to receive a just reward for the products of their intellect and the interests of the public in accessing and laboring upon those products. The paper further argues that this principle is not well-acknowledged in Jordan, for the second element thereto-the public users- is not placed on the general agenda of the Jordanian copyright policy maker, and has been replaced with the goal of luring Foreign Direct Investment (“FDI”) to the country through excessive copyright protection.The practical divergence of the Jordanian copyright law from balance is also inferred from the Jordanian Copyright Law’s rejection of the first sale doctrine and adoption of anti-circumvention provisions. The Canadian copyright law, on the other hand, deals with these two issues oppositely. More importantly, balance is the sole purpose of the Canadian Copyright Act as interpreted by the Supreme Court of Canada. In conclusion, the paper recommends that the Jordanian Copyright Law reconsider its purpose for providing copyright protection and provide it according to the principle of balance in order to acquire its equity and comply with the international human rights law.

Rescuing the inexhaustible... (The issue of fisheries subsidies in the international trade policy) by Ekaterina Anianova, Kaliningrad State University.
Ekaterina Anianova is a lecturer in law of the sea at the Department of International and European Law, Kaliningrad State University. Since 2006, she has been an associate at the International Max Plank Research School for Maritime Affairs . She studied law at the State University of Kaliningrad and finished LLM at the University of Hamburg. She is currently doing her PHD Studies at the University of Hamburg.
Abstract
The main causes of over-fishing are not biological or environmental, but rather economic overexploitation of the ocean’s fishing resources. Since the problem is an economic one, the response to it also has to be an economic one. Proper fisheries management and restrictions on fleets’ capacity (including the issue of fishery subsidies) would be very effective. A retreat from the subsidies in fisheries would considerably contribute to the conservation and sustainable use of fish stocks. However, a full retreat from the subsidies in fisheries seems to be unrealistic. The appropriate restrictions have to be made reasonable not to distort positive environmental-friendly trends in subsidizing and to protect the interests of the developing fishing states. The number of employed people in fishing industry is growing every year especially in developing countries. This regime would require a strong coordinate co-operation of governments and international organizations.

How to Cope with Globalization: Recommendations for the EU Novel Members by Amos Avny.






Dr. Amos Avny, a Futurist and a Strategist and currently a retired professor and a senior consultant, deals with Globalization, Human Capital Development, Technology - Society relationships and e-Government issues. Dr. Avny was graduated in 1994 from Virginia Tech (VPI&SU) as PhD in public Administration and Policy, and in 1990 received his M. Sc. in Management & Business from National-Louis University. Prior to this studying period , A. Avny designed, led and managed many development projects all over the globe. Dr. Avny published numerous articles in professional magazines on the above topics.
Abstract
Globalization, as the new way of division of labor, influences the world market and the economy of many countries. During the last decade it changed (increased) the employment in the Service Sector in most of the EU original members and also increased their involvement in the global trade. A new member that wishes to upgrade its economy must find ways for deepening its involvement in the globalization process. It can successfully do it by finding its specific niche, by investing in infrastructures, by promoting its export-oriented industries and by encouraging the creativity, innovative and entrepreneurship drives of its people. Those who will fail to take the right actions will stay behind because the open world would attract any available talent.

The legal implications of reputation risk management for franchisors by Tom Burns, University of Aberdeen.








Tom Burns is a Senior Lecturer in law at the University of Aberdeen where he teaches Business Law, Company Law and International and Comparative Company Law. He has published numerous articles on corporate law and business law in British and international journals. His present research interests include the law on franchising, comparative company law and the law on securitisation.
He is the Depute Director of the Post-Graduate Diploma in Legal Practice at the University.
He is also a member of a number of learned and professional associations. This includes membership of the Company Law Committee of the Law Society of Scotland, membership of the Insolvency Law Committee of the Law Society of Scotland, and membership of the executive committee of the Scottish Lawyers’ European Group. He was formerly the Chairman of the Scottish Lawyers’ European Group and the Convener of the Company Law section of the Society of Legal Scholars. Tom is currently the Scottish editor of Company Law in Europe (Butterworths).
Abstract
Franchisors in Britain face a difficult problem. If they use the techniques of reputation risk management to protect their corporate brands (which is usually their most valuable assets), they may inadvertently increase their exposure to third party tort claims. This paper explains why this may occur and what the franchisor may do to deal with this problem. It shall be suggested that a form of reputation risk management should be adopted by franchisors, even where the tort risk remains. This is because on a benefit/liability analysis a franchisor has more to gain from having a modern and efficient method of protecting the corporate brand and less to lose in potential tort damages, if appropriate legal and organisational arrangements are made.

A Comparison of U.S. Judicial and NAFTA Panel Review of Trade Remedy Cases by Juscelino F. Colares and John Bohn, Syracuse University.
Juscelino F. Colares, Assistant Professor of Law, Syracuse University College of Law; J.D. (2003), Cornell Law School; Ph.D. (1994), Political Economy, the University of Tennessee; LL.B. (1989), summa cum laude (and first-in-class honors), Universidade de Brasília/Universidade Federal do Ceará, Brazil. Prior to joining the faculty at Syracuse University College of Law, Professor Colares was a law professor in Brazil, where he also consulted on trade cases. He later practiced law in Washington, D.C., representing U.S. industry clients in disputes before U.S. agencies, NAFTA and WTO; e-mail colares@law.syr.edu.
Abstract
When the United States and Canada agreed to replace U.S. judicial review of trade-remedy cases with a dispute mechanism under Chapter 19 of the Canada-United States Free Trade Agreement (now NAFTA), they stipulated that the new dispute settlement panels would apply U.S. law and standard of review in the same manner as U.S. courts. This requirement was embodied in the text of the Agreement. Empirical analysis of 17 years of decisions now shows that Chapter 19 panels are far more likely than U.S. courts to overturn U.S. agency decisions. Indeed, Chapter 19 panels have produced outcomes more favorable to Canadian importers than have U.S. courts. This outcome illustrates that the facial legal terms of an international agreement may give a misleading impression of how it will actually be implemented, and suggests that greater attention must be paid to how it will be interpreted and by whom.