[Hague-jur-commercial-law] Agenda for exciting discussion on the Hague Judgment project at USPTO March29-31

[Manon Ress]

IP and Hague:
Exclusion from scope, escape clause, interim relief, damages etc. will 
be discussed by Hague negotiators from various member states at the 
USPTO (new building) Monday March 29 to the 31th, 2004.  See agenda 
below.  If you're interested in attending, please contact Jeff Kovar 
(State), Marla Poor (LOC) Jennie Ness or Elaine Wu (USPTO).
Manon
PS
there might be some security, bring ID and come early



HAGUE CONVENTION ON EXCLUSIVE CHOICE OF COURT AGREEMENTS

Informal Meeting on Intellectual Property

March 29 - 31, 2004
U.S. Patent and Trademark Office
Thomas Jefferson Building
500 Dulany St.
Alexandria, Virginia 22313-1450

AGENDA

DAY ONE:  Monday, March 29, 2004

Public Advisory Committee Meeting
Conference Center, Room 1D70

REGISTRATION

8:30am - 9:00am

WELCOME     AND INTRODUCTION         

9:00am           
   
--    General Information for Attendees
    Status Report on the Draft Convention
Objectives of the Meeting

    Jeffrey Kovar   
U.S. Department of State

            Jennifer Ness
            U.S. PTO

 
--    Appointment of Chairman

Prof. Trevor Hartley
United Kingdom

I.    Scope of the Convention

9:30am - 10:30am

--    "The Convention shall not apply to proceedings that have as their 
object any of the following matters -- " (Art. 1(3))

--    "Proceedings are not excluded from the scope of the Convention if 
a matter referred to in paragraph 3 arises merely as an incidental 
question."  (Art. 1 (4))

10:45am - 12:30pm

--    Excluded: "the validity of patents, trademarks, protected 
industrial designs, and layout-designs of integrated circuits" (Art. 
1(3)(k))

--    Excluded: "[the validity of other intellectual property rights the 
validity of which depends on, or arises from, their registration, except 
copyright]"  (Art. 1(3)(l))

--    Re: Special Regimes -- 

Art. 1(3) [(X) Intellectual property rights arising under a legislative 
act of a Regional Economic Integration Organisation [ to the extent that 
exclusive jurisdiction is conferred on courts of that Organisation or 
its Member States ]

LUNCH

12:30 - 2:00pm

    {See attached restaurant list}

 
II.    Recognition and Enforcement

2:00pm - 3:45pm

--    "[Article 7 Bis   
1.    If a matter referred to in Article 1 (3) arose as an incidental 
question, the ruling on that matter shall not be recognized and enforced 
under this Convention.
2.    Where an incidental ruling on a matter referred to in Article 1 
(3) was necessary for the judgment of the court of origin, recognition 
or enforcement of the judgment
        a) may be refused if the judgment of the court of origin is 
inconsistent with a judgment on the matter referred to in Article 1 (3) 
rendered either in the State addressed or in another State, provided 
that in the latter case this judgment is capable of being recognised in 
the State addressed; this rule only applies to the extent that the 
ruling on the incidental question was necessary for the judgment of 
which recognition or enforcement is sought.
b)  may be suspended as long as proceedings that might lead to the 
situation referred to in the preceding paragraph are pending. At the 
request of the defendant, recognition or enforcement may also be 
suspended for a certain period of time to allow the defendant to 
institute such proceedings.]"

III.    Other Issues

4:00pm - 5:00pm

    --    Provisional Relief

    "Nothing in this Convention shall prevent a party from requesting an 
interim measure of protection from any court or prevent a court from 
granting such a measure under the law of the State of the court." (Art. 6)

--    Damages

"1.    A judgment which awards non-compensatory damages, including 
exemplary or punitive damages, shall be recognised and enforced to the 
extent that a court in the requested State could have awarded similar or 
comparable damages. Nothing in this paragraph shall preclude the court 
addressed from recognising and enforcing the judgment under its law for 
an amount up to the full amount of the damages awarded by the court of 
origin.
2.    a)    Where the debtor, after proceedings in which the creditor 
has the opportunity to be heard, satisfies the court addressed that in 
the circumstances, including those existing in the State of origin, 
grossly excessive damages have been awarded, recognition and enforcement 
may be limited to a lesser amount.
b)    In no event shall the court addressed recognise or enforce the 
judgment in an amount less than that which could have been awarded in 
the requested State in the same circumstances, including those existing 
in the State of origin.
3.    In applying the preceding paragraphs, the court addressed shall 
take into account whether and to what extent the damages awarded by the 
court of origin serve to cover costs and expenses relating to the 
proceedings."  (Art. 10)


--    Other Issues


DAY TWO:  Tuesday, March 30, 2004

Government Drafting Session
Room 9D45

    --    Chairman

Gottfried Musger
Austria

9:00am - 2:00pm

Public Advisory Committee Meeting
Room 1D70

I.    Scope of the Convention

2:00pm - 3:00pm

II.    Recognition and Enforcement

3:00pm - 4:15pm

III.    Other Issues

4:30pm - 5:00pm


DAY THREE:  Wednesday, March 31, 2004

Government Drafting Session
Conference Center, Room 1D70

9:00am - 12:30pm

Meeting Adjourns at 12:30pm

* * * * *

-- 
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