This timely work contains principles for resolving transnational intellectual property disputes. Transnational protection of rights to intellectual property is a critical issue today when intellectual property can be transferred around the globe – legally or illegally – with several clicks on a keyboard. These principles adapt traditional legal concepts to the world of the Internet and foster coordination between civil-law and common-law jurisdictions.
Topics include:
• Personal jurisdiction over the defendant
• Jurisdiction over subject matter and simplification
• Applicable law on title to and transfer of rights
• Recognition and enforcement of foreign judgments
This work represents the Institute’s first engagement with Internet Law. Meetings at The Hague concerning international jurisdiction and judgments led ALI to begin its work on Recognition and Enforcement of Foreign Judgments. That project concluded in 2005 when the Institute recommended enactment of a U.S. federal statute that would codify analysis based on careful study of American and foreign law. The same Hague discussions suggested the need for sophisticated study of national laws concerning transnational protection of rights to intellectual property. The Institute began this project in 2001 to address that need.
Reporters:
Rochelle C. Dreyfuss, New York University School of Law, New York, NY
Jane C. Ginsburg, Columbia University School of Law, New York, NY
François Dessemontet, Saint Barthelemy, French West Indies
This volume is the official text published in June 2008.
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This draft was approved by the ALI membership on May 14, 2007.
This draft was approved by the ALI membership on May 14, 2007.
This draft was discussed at the 2006 Annual Meeting.
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This draft was discussed at the 2006 Annual Meeting.
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