[Ecommerce] ALI Principles on jurisdiction, choice of law, and judgments in IP disputes

[Ethan Ackerman]

Interesting excerpt from the choice of law summary re: "ubiquitous"
infringements (an undefined term that seems targeted to online
instances) -

"... the
Principles have adopted a primarily territorial approach to
choice of law. In most instances, the law of the country for
which rights have been registered (or for rights that do not
arise out of registration, the country for which protection is
sought), will govern matters of infringement and transfer of
title to intellectual property rights.There are, however, some
exceptions. One, consistent with the case law in several countries,
subjects initial title to copyright and neighboring rights
to the law of the work's source country. Another allows parties
to choose the law that will apply to parts of their action
(as with choice-of-forum agreements, the validity of massmarket
choice-of-law agreements is subject to special safeguards).
A final exception, in the case of "ubiquitous" in-
fringements, allows the court to select a law that will presumptively
apply to the entire action, subject to the parties'
proof that the law for particular jurisdictions would produce
a different outcome.  "

Basically a procedural treatment that still vests a lot of discretion
in the adjudicating court.



On 7/6/07, Manon Ress <manon.ress@keionline.org> wrote:
> --
> [ Picked text/plain from multipart/alternative ]
> the PDF has 352 pages, two mentions of clickwrap contracts ("mass
> market agreements") and one about public policy grounds for not
> enforcing "to be used sparingly" (p.298).
> Still a good read for summer!
>
> Manon
>
>  From WIPO Enforcement news:
>
> COOPERATION WITH THE AMERICAN LAW INSTITUTE (ALI): "PRINCIPLES ON
> JURISDICTION, CHOICE OF LAW, AND JUDGMENTS IN TRANSNATIONAL IP DISPUTES"
>
> After several years of  work carried out under the auspices of ALI on
> a set of non-binding rules concerning jurisdiction, choice of law,
> and the enforcement of judgments abroad in international IP
> litigation, members of ALI approved a final text on May 15, 2007.
> WIPO had participated in the discussions on the Principles as an
> advisor.  The full text of the Principles, with commentary and
> Reporters' notes, is available at
> http://www.ali.org/doc/2007_intellectualproperty.pdf
>
>
> ************************************************************************
> ***
> Manon Anne Ress
> manon.ress@keionline.org,
>
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