[Hague-jur-commercial-law] Hague Saturday morning session

Manon Ress manon.ress@cptech.org
Sat, 18 Jun 2005 08:04:26 -0400 (EDT)


has just ended.  We have now 27 working documents.  One is doc 24, a
proposal by the IP working group (that met in unknown location yesterday).

Doc 24
Quote: Replace Article 2(2) k)

k) validity of IPR other than copyright or related rights;
[k bis) Infringement of IPR other than copyright or related rights
[,except where infringement proceedings are brought for breach of a
contract between the parties relating to such rights, or could have been
brought for breach of contract];] or

END OF QUOTE

I guess the delegation that do not want IP included have to produce a
working document for their position to be considered. Maybe it will happen
on Monday?

And of course we are behind schedule.  By half a day according to the
Chair but maybe more according to some delegates who are concerned that we
have not discusses article 6, 10, 8 and 9 yet.  And we have not finished
IP and 7.

This morning was still about 7 Obligations of the court not chosen.
Delegates looked at a), b), d) and e).  This article is about the
fundamental idea of the convention.  No other court than the court chosen
in the agreement can hear the case except...and that´s where the fine
balance between flexibility and predictability comes into play. Some
delegations want more rigid rules other want more flexible rules (while
respecting the freedom of parties).  If we were talking about negotiated
contract ONLY things would probably be easier but since the delegations do
not want to consider the problem in an open and clear way there´s a lot of
beating around the bush.

More on article 7 Monday when we all also take on 8 on interim measures,
and 9 Recognition and enforcement.  Hopefully some compromises for 5 and
then 7 prepared the way for 9.  And then maybe IP will be discussed again.

Delegates are encouraged to meet (and compromise) tomorrow when there are
no formal meetings.
We´ll see.