[Hague-jur-commercial-law] Mark your calendar: IP & TheHagueMarch
29-30 at USPTO
Michael Sondow
msondow@iciiu.org
Wed, 10 Mar 2004 02:48:19 -0500
Hi, Sarah.
You wrote:
>
> The IPR enforcement directive just passed in Europe today and will now be
> implemented over the next 2 years in 25 member states.
Was there any opposition to the European IPR directive, do you know?
Also, what body passed it?
> This is a very serious problem that makes the Article 6 issue
> in the Hague draft all the more important to remove.
Quite frankly, I don't see how any of the pernicious articles left in
the draft treaty are going to be removed or ameliorated so long as the
drafting committees are controlled by IP holders and other interests
looking to get extra mileage out of this supposedly "narrowed-down"
treaty.
The whole idea of interim relief is well beyond the scope of this treaty
and should be stricken out. How the heck can a treaty that can't even
figure out how to apply court jurisdiction internationally attempt to
provide for injunctions? I just can't fathom what the lawyers doing the
drafting could be thinking. Orders for injunctive relief issuing from
courts outside the personal jurisdiction of the defendent, enforced by
courts in other countries, with no bond posted and no higher court to
appeal to? What kind of legal system is this? We might as well throw two
thousand years of legal precedent out the window and go back to the days
pre-Solon when everything was determined by force or trial-by-combat.
Now it's guilty until proven innocent and blame-the-victim.
This Hague convention is turning into another chapter in the present
disgraceful history revoking the gains of civilization.
M. Sondow
=============================================================
As a result of the Srebrenica hoax a new order of the world
is beginning to take shape where the United Nations High
Commissioner for Refugees assists in creating refugees, where
the Red Cross helps separate families, and where Tribunals
indict first and look for crimes later.
-- G. Pumphrey
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