Conflict of Laws
  • About
  • Editorial board
  • Subscription
  • Submission
  • Materials
  • Contact
  • Click to open the search input field Click to open the search input field Search
  • Menu Menu

Recognition and Enforcement of Foreign Intellectual Property Judgments: Analysis and Guidelines for a New International Convention

October 27, 2006/in /by Martin George
image_pdfimage_print

Yoav Oestreicher (Bar Ilan University) has posted an article on the Social Science Research Network (SSRN) entitled, "Recognition and Enforcement of Foreign Intellectual Property Judgments: Analysis and Guidelines for a New International Convention". The abstract reads:

This dissertation attempts to analyze the reasons for the continuing failure of the international community to agree on a single international comprehensive instrument that regulates recognition and enforcement of foreign judgments, especially following the negotiations that took place at the Hague Conference on Private International Law until June 2005, by concentrating on intellectual property as a model. It is concluded that the continuing attempt to base the proposed instruments on a “mixed” or “double” convention model, thus combining the question of recognition and enforcement of the foreign judgment with the substantially complicated question of jurisdiction of the rendering court is unjustified. The inability to agree on the jurisdiction question due to economic, cultural and financial reasons resulted in the continuing inability to regulate this field.

The dissertation proposes a somewhat revolutionary minimalist solution to the problem, which is based on a “simple” convention model that promotes a “presumption of enforceability” rule with very broad exceptions such as public policy, due process, and jurisdiction. The proposed guidelines for a new international convention do not directly address the issue of jurisdiction, but rather indirectly, as an exception to the general rule of enforcement. By creating the convention within the framework of the TRIPs Agreement, it will enjoy some of the elements that are already contained therein. In the future, this model could be broadened in scope to also apply to other fields of law. Success of this proposed convention will bring stability and create confidence and trust among potential member countries, thus serving as the basis for a broader international solution.

The full article can be downloaded from here.

Share this entry
  • Share on Facebook
  • Share on X
  • Share on WhatsApp
  • Share on Pinterest
  • Share on LinkedIn
  • Share on Tumblr
  • Share on Vk
  • Share on Reddit
  • Share by Mail
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png 0 0 Martin George https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png Martin George2006-10-27 15:54:072006-11-25 14:58:00Recognition and Enforcement of Foreign Intellectual Property Judgments: Analysis and Guidelines for a New International Convention

Categories

  • Views
  • News

Most Recent Posts

  • Political Immobilisation of Iranian Diaspora Property: Lex Situs, Human Rights and Public Policy August 22, 2026
  • The Demise of the Lex Domicilii Matrimonii in South African Private International Law August 18, 2026
  • Support in cross-border transactions by Adults: Contract law vs capacity law August 12, 2026
  • Recognition of Italian Extrajudicial Divorces in Tunisia — Between Methodological Uncertainty and the Need to Preserve Continuity of Personal Status Across Borders August 9, 2026
  • Private International Law and European Society August 4, 2026
  • The New Zealand Supreme Court’s judgment in Kea Investments Ltd v Wikeley on anti-enforcement relief August 3, 2026
  • Beyond Domicile: The BHP Litigation and the Functional Interconnection of Public and Private International Law August 3, 2026
  • Conflicts of jurisdiction in Senegal: lesson from the Senegalese Supreme Court on Lis Pendens and the Exequatur of foreign judgments July 27, 2026
  • Adoption in the proposal for a European Parenthood Regulation July 21, 2026
  • Copyright, Targeting and Geo-Blocking: The CJEU Stirs the Pot July 15, 2026
  • A Follow-Up: The German Judges Association’s Response to the HCCH Draft Text of a Future Convention on Parallel Proceedings and Related Actions July 15, 2026
  • Private International Law Dimensions of Singapore’s New Legislation to Combat Online Harms July 14, 2026
  • The 1961 HCCH Apostille Convention: Why All African Countries Should Ratify It? — Insights from Judicial Practice in Africa July 14, 2026
  • The enforcement of an advance on costs for substitute performance at the expense of a Russian debtor in German-French legal relations July 2, 2026
  • “Yes, in principle, but not quite there yet…” – Some Observations on the Public Consultation on the HCCH Draft Text of a Future Convention on Parallel Proceedings and Related Actions June 29, 2026
Link to: EU Council Publishes Decision on Accession to the Hague Conference Link to: EU Council Publishes Decision on Accession to the Hague Conference EU Council Publishes Decision on Accession to the Hague Conference Link to: EU Commission Green Paper: Improving the efficiency of the enforcement of judgments in the EU: the attachment of bank accounts Link to: EU Commission Green Paper: Improving the efficiency of the enforcement of judgments in the EU: the attachment of bank accounts EU Commission Green Paper: Improving the efficiency of the enforcement of judgments...
Scroll to top Scroll to top Scroll to top