Views
The WTO TRIPS Agreement and Conflict-of-Laws Rules in Intellectual Property Cases
By Marketa Trimble, Samuel S. Lionel Professor of Intellectual Property Law, Co-Director of the IP Law Concentration, William S. Boyd School of Law, University of Nevada, Las Vegas
It is neither new nor surprising that international treaties affect the design and application of conflict-of-laws rules; not only international conventions on private international law but also other international treaties shape conflicts rules, with human rights treaties being the primary example. But a recent decision concerning the interpretation of the WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”) could have profound and arguably unprecedented effects on the conflict rules that are applied in intellectual property (“IP”) cases, such as cross-border cases concerning copyright infringement, trademark ownership, and patent licenses.
Kairos Shipping II LLC (appellant) v Songa Product and Chemical Tankers III AS (respondent), The interpretation of natural language on charter contracts
Written by Nicolás Preus Miranda, student at Universidad Carlos III in Getafe, Spain, specializing in maritime, international law and international commercial arbitration
The decision in Kairos Shipping II LLC v Songa Product and Chemical Tankers III AS [2025] EWCA Civ 1227 represents a pivotal clarification in the interpretation of repossession clauses within standard-form bareboat charterparties, particularly under the BIMCO Barecon 2001 framework. Arising from a dispute over the early termination of a charter for a 49,708 DeadWeight Tonnage (DWT) chemical/oil tanker, the case underscores the English courts’ commitment to contextual and purposive contract interpretation, balancing textual fidelity with commercial practicality. This analysis expands on the case’s significance, the interpretive principles it embodies, and its ultimate resolution, drawing from judicial reasoning and industry commentary.[1] Read more
Digital Governance, Regimes Theory and Private International Law. A tech diplomacy perspective
By Juliano Alves Pinto, Brazilian tech diplomat; former Deputy Consul of Brazil in San Francisco (2013–2016); State Undersecretary of Science, Technology, and Innovation (2019–2021); HCCH expert on digital economy (2023–2024); and Government Affairs Director at the Digital Cooperation Organization (DCO) (2024–2025)
Could Private International Law be an answer to digital governance? Though this idea has already been debated among PIL scholars, it must be said that it has not yet broken the bubble of the PIL niche. Diplomats usually overlook PIL as a small part of the larger International Law realm, which embraces Public International Law as the standard bearer of the multilateral framework that has been established ever since the Westphalia Peace in 1648. Read more
News
Supreme Court of Canada to Hear Jurisdiction Appeal
Canada’s highest court does not grant leave to appeal in many cases involving private international law. In November 2025 it granted leave to appeal from NHK Spring Co., Ltd. v Cheung, 2024 BCCA 236, in which the British Columbia Court of Appeal agreed with the court below in holding that it had jurisdiction to hear a price fixing class action. The action is interesting because it involves what could be described as a “foreign” conspiracy that had effects within Canada.
The defendants are Japanese entities and the claim alleges that they conspired to fix the price of “suspension assemblies” which are a component of hard disk drives which are in turn a component of things like computers. The claim alleges that Canadians purchased products that contained these assemblies and because of the price fixing they paid more than they otherwise would have done.
PAX Moot – Deadline for registration is Friday 16 January 2026 at 23:59 CET
The PAX Moot 2026 Vladimir Koutikov Round is well underway. The case was published on 13 October 2025 and is available here. The deadline for registration is 16 January 2026 at 23:59 CET.
Save the date: The oral rounds will take place from 15 to 17 April 2026 in Sofia, Bulgaria.
27th Volume of the Japanese Yearbook of Private International Law (2025)
The 27th Volume (2025) of the Japanese Yearbook of Private International Law (JYPIL) (Kokusai Shiho Nenpo [Japanese]) published by the Private International Law Association of Japan (Kokusai Shiho Gakkai [Japanese]) (“PILAJ”) has recently been released.
This new volume features the following table of content.
The papers are published in Japanese; all links below direct to the papers’ English summaries.