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

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Ethan and all,

  I assume this would also apply to domain names and all
associated data.

Ethan Ackerman wrote:

> 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@xxxxxxxxxxxxx> 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@xxxxxxxxxxxxx,
> >
> > 1621 Connecticut Ave, NW, Washington, DC 20009 USA
> > Tel.:  +1.202.332.2670, Ext 16 Fax: +1.202.332.2673
> >
> > 1 Route des  Morillons, CP 2100, 1211 Geneva 2, Switzerland
> > Tel: +41 22 791 6727
> >
> > 24 Highbury Crescent, London, N5 1RX, UK
> > Tel: +44(0)207 226 6663 ex 252 Fax: +44(0)207 354 0607
> >
> >
> >
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> >
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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