Lawrence A. Kogan on The Philippines Breastmilk Substitute/Supplement Marketing Framework Violates WTO Law (Part 2 of 2) (PDF)
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This article has been divided into two parts. Part 1 analyzed the PH BMS restrictions under the terms of the Technical Barriers to Trade ("TBT") Agreement. Part 2 will analyze them under the terms of the Trade-Related Aspects of Intellectual Property Rights ("TRIPS") Agreement. Part 2 discusses how the Framework's restrictions on the use of trademarks, logos and brand names violate the WTO TRIPS (Trade-Related Intellectual Property) Agreement.
Lawrence A. Kogan is President/Director of the Institute for Trade, Standards and Sustainable Development (ITSSD), a Princeton, NJ-based nonpartisan nonprofit legal research, analytics, and educational organization. The ITSSD examines international laws and policies relating to trade, industry, and positive sustainable development around the world. He also is founder and Managing Principal of The Kogan Law Group, P.C., a New York City–based multidisciplinary professional services firm specialized in identifying and addressing emerging regulatory, policy, and trade risks posed to multinational company assets, operations, and supply chains. Mr. Kogan currently serves as a vice-chair of the International Trade Committee of the Inter-Pacific Bar Association, and formerly served on the international trade committee of the Association of the Bar of the City of New York, as adjunct professor of international trade law and policy at the Seton Hall University Whitehead School of Diplomacy and International Relations, and as adviser to the National Foreign Trade Council and its membership concerning the interplay between international trade rules and food safety, health and environmental regulations.
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