Eric M. Solovy
ERIC SOLOVY counsels companies, trade associations and governments on international trade and intellectual property matters, and litigates disputes over such matters. In 2014, he was named by Law360 Rising Stars as one of the top five international trade lawyers in the United States under the age of 40, and is consistently recognized in Who’s Who Legal: Trade and Customs.
Eric focuses on litigation before the World Trade Organization (WTO), having been at the center of some of the most complex and contentious disputes in its history. In the intellectual property area, Eric represents clients in litigation before the U.S. Court of Appeals for the Federal Circuit in complex patent disputes, including in the fields of pharmaceuticals, biotechnology, software, and hardware. In addition, Eric combines his experience in both international trade and intellectual property law, and frequently counsels, writes, and lectures on the international trade law and policy aspects of intellectual property protection, including with respect to intellectual property protection in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and various Free Trade Agreements.
In the international trade area, Eric has represented governments and counseled interested private parties at every level of dispute settlement proceedings at the WTO, presenting written and oral arguments before WTO panels and the Appellate Body on multiple occasions. Notably, in the high profile dispute over U.S. Government subsidies to Boeing, United States - Measures Affecting Trade in Large Civil Aircraft, Eric presented oral arguments before the WTO Appellate Body on behalf of the European Union. Eric is currently representing the Dominican Republic in Australia – Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging, which involves issues of first impression regarding minimum standards of international intellectual property protection. Eric has litigated WTO disputes in a number of subject areas, and has particular experience in disputes under the TRIPS Agreement, the Agreement on Subsidies and Countervailing Measures (SCM Agreement), the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), and the Agreement on Technical Barriers to Trade (TBT Agreement). Among other disputes, Eric is counsel to Airbus S.A.S. in the WTO disputes between the United States and the European Communities on government support for the large civil aircraft industry, and has served as counsel to Anheuser-Busch in support of a challenge by the United States to the European Communities’ regulation on the protection of geographical indications. He has also participated in ICSID arbitration on behalf of private investors.
Eric also advises companies with respect to the ongoing negotiation of the Trans-Pacific Partnership (TPP) and Transatlantic Trade and Investment Partnership (TTIP) Agreements, and advocates for their interests with the negotiators of those agreements.
Eric also provides advice regarding intellectual property law and policy, including patent, trademark, and copyright issues, and has represented corporate and government clients in cases before district courts, the U.S. Court of Appeals for the Federal Circuit, and the U.S. Supreme Court. He has counseled companies and trade associations in the software industry on the relationship between patents, copyrights, and open source licensing.
In addition to his experience in private practice, Eric was a law clerk to the Honorable Pauline Newman of the U.S. Court of Appeals for the Federal Circuit. He also served in the Office of Legal Adviser of the U.S. Department of State.
Eric has served as an adjunct professor of law at the American University Washington College of Law, teaching a course in International & Comparative Patent Law, and continues to provide guest lectures for that course.
- Co-author, Implementation and Enforcement of the WTO Agreements, in The World Trade Organization: Legal, Economic, and Political Analysis (2005)
- Co-author, “The Role of Intellectual Property in Procurement and Development of Medicines for Developing Country Diseases,” background paper prepared for the Working Group on Access to Medicines, UN Millennium Project Task Force on HIV/AIDS, Malaria, TB, and Access to Essential Medicines (2004)
- Co-author, “The Protection of Test and Other Data Required by Article 39.3 of the TRIPS Agreement,” 24 Northwestern Journal of International Law & Business 1 (Fall 2003)
- “In Depth: WIPO Asks World To Ease Maintenance Fee Deadlines,” IP Law Weekly (May 3, 2000)
- Co-author, “The Role of Private Parties in WTO Dispute Settlement Under the TRIPS Agreement, PATENT, TRADEMARK AND COPYRIGHT LAW, ABA Section of Intellectual Property Law,” 15th Annual CLE Program (April 2000)
- Co-author, “The Process and Procedure of Litigating At the World Trade Organization: A Review of the Work of the Appellate Body,” 31 Law and Policy in International Business 677 (Spring 2000)
- American Bar Association
- American Intellectual Property Law Association
- Duke University Alumni Admissions Committee
Eric maintains an active pro bono practice, including through the firm’s Africa-Asia Agricultural Enterprise Program, which supports market-based economic development by providing legal assistance to small African and Asian agricultural enterprises. He also has successfully represented several clients seeking asylum in the United States.
- Financial University under the Government of the Russian Federation, Conference on “WTO Law in the Legal System of the Russian Federation: Problems of Application and Teaching” (2015, Moscow, Russian Federation): presentation on the WTO TRIPS Agreement and SCM Agreement
- Inter-American Association of Intellectual Property (ASIPI) Annual Conference (2013, Punta Cana, Dominican Republic): presentation on the WTO TRIPS Agreement
- Lecturer at the Academy of WTO Law and Policy, Georgetown University Law School, presenting on “International Intellectual Property Protection: TRIPS Obligations and Derogations” (2012, 2013, 2014)
- Canadian Council of International Law Annual Conference (2013, Ottawa, Canada): panel discussion on recent WTO Appellate Body jurisprudence under the WTO TBT Agreement
- Presenter at the International Law Institute’s (ILI) Seminar on “Dispute Mechanisms of the WTO: Winning Strategies”
- Judge for the European Law Students Association/International Law Institute’s Moot Court Competition on WTO Law
- Moderator for the WIIT Panel Discussion “Latest Developments on the Anti-counterfeiting Trade Agreement (ACTA)”
- Presenter at the ABCI Institute (Brazilian International Trade Scholars, Inc.) International Trade Symposium at American University