[Hague-jur-commercial-law] Mark your calendar: IP& The Hague
March 29-30 at USPTO
Manon Ress
manon.ress@cptech.org
Thu, 04 Mar 2004 12:48:21 -0500
Hi Michael,
We're talking about an important weapon (of mass destruction?) used by copyright owners to go
after potential infringers (consumers, grandparents, kids, you know, "infringers").
No, seriously, Article 6 implies that interim relief may be sought from any court anywhere.
As you know, for copyright infringement claims remedies vary from country to country and
"temporary" or interim orders --in practice--- decide a case since the defendant is shut down and out of business.
I think ISPs are the target here. Imagine: copyright owner claims infringement and requires ISP to block access to materials on the Internet (or ask that they monitor etc).
ISP cannot do it....order to shut it down can come from ANY court.
Some national laws (like here in the US) but NOT ALL place limits on such orders.
Well, US Copyright owners will get friendly courts to issue injunctive relief. Maybe the UK courts?
Re, the "drafting" session, I believe yes, it will be mostly about some IP which is still controversial.
I'm hoping to hear loud and clear from the patent and trademark people...who wants to be in and why.
I doubt there will be questions on copyright. The copyright lobby made its demands clear a long time ago
and it looks as if they won! Unless, Article 6 is re drafted ....
Michael Sondow wrote:
>Manon-
>
>Sorry, but I fail to see how the topics Interim Measures of Relief and
>Recognition and Enforcement are intellectual property issues.
>
>Is this to be an intellectual property conference, or a general drafting
>session?
>
>M. Sondow
>
>You wrote:
>
>
>
>>An expert meeting on the intellectual property issues related to
>>the draft Hague convention on jurisdiction and enforcement of
>>judgments will be held on Monday, March 29 and Tuesday, March 30,
>>2004.
>>
>>
>
><snip>
>
>
>
>>Issues that will be discussed include:
>>-- the scope provisions in Article 1, including the chapeau sections of paragraphs (3) and (4), and subparagraphs (3)(k) & (l);
>>-- Article 6 on interim measures of relief;
>>-- Article 7 on recognition and enforcement, including proposals made by the European Union Working Document 28 at the December session.
>>
>>
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--
Manon Anne Ress
Consumer Project on Technology
www.cptech.org
PO Box 19367, Washington, DC 20036
manon.ress@cptech.org, voice: 1.202.387.8030, fax: 1.202.234.5176