Vol. 3 No. 5 (2015): Forseti Nº 5

This edition marks FORSETI's fifth publication and the last of the year. This project, which began as a simple dream of a small group of students at the University of the Pacific School of Law, has become a true example of what teamwork and a passion for a career can achieve.

In this sense, this issue is personally special, as it bids farewell to the last of the founding members, who more than three years ago set out to leave their mark on the university and set the goal of creating an institution that is sustainable, social and based on values.

It is on the basis of the objectives set, that to this day, it is indisputable that FORSETI, more than a magazine, has become a family.

Having mentioned the importance of this edition, we decided to set Foreign Trade Law and Intellectual Property as a theme. Thus, in our first article, Julio Guadalupe presents us with an analysis of the impact of royalty payments on the customs value of imported goods. On the other hand, Marta Fernández reflects on franchises as tools for the growth of brands. For her part, Vanessa Heller, who deserves special thanks for her advice in the creation of this edition, develops a detailed and precise commentary on access to the WTO dispute settlement mechanism with respect to developing countries.

Next, Javier Duany provides an analysis of what happens when trademark law is exhausted and the effects that this may entail. Next, Adriana Cristina Alegrett contrasts the difference in import restrictions in the Andean Community with respect to their treatment in Mercosur. At the same time, Enrique Cavero explains the concept of originality in Peruvian copyright.

On the other hand, Jaime Dupuy develops an analysis on compulsory licensing of pharmaceutical products and its relationship with international trade agreements. Óscar Vásquez also presents a view on letters of credit and other means of payment in international trade. In regulatory matters, Alvaro Gutiérrez offers proposals to promote and unlock investments based on the case of the health regulatory sector. Based on the recent pronouncements of the tax court, María Cecilia Pérez comments on the application of the most-favored nation clause.

To conclude with our doctrine section, Fernando Liendo analyzes the possibility of applying the originalist interpretation of the constitution according to Antonin Scalia, in Continental Law, which is worth emphasizing is of special importance in relation to judicial activism, taking into consideration the ruling on homosexual marriage in the United States. Likewise, we are pleased to have Ronnie Farfán's article, in which a detailed development of the regulation of administrative resources in the Peruvian administrative legal system is carried out.

In our jurisprudence section, we include two judgments of the Constitutional Court. In the first, it is established that in any constitutional process, the plaintiff is obliged to present a copy of the contested resolutions as minimum indispensable evidence. Otherwise, the party's litigating attorney would be exposed to a sanction. In the second, the Court conducts an analysis of the pertinence of the constitutional route and indicates that in any process of protection, where the rules indicated are applicable, the respective period must be allowed for the defendant to claim his rights.

The future of FORSETI is in the hands of its new members and we know that they are more than ready to give you, dear reader, the best of themselves.

FORSETI, always one step ahead.

Translated with www.DeepL.com/Translator