Intellectual Property, Electronic Commerce and the Preliminary Draft Hague Jurisdiction and Judgments Convention

23 Pages Posted: 10 Aug 2008

See all articles by Ronald A. Brand

Ronald A. Brand

University of Pittsburgh - School of Law

Date Written: August 9, 2008

Abstract

On October 30, 1999, a Special Commission of the Hague Conference on Private International Law adopted a Preliminary Draft Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters ("Preliminary Draft Convention," or "PDC") which was further developed in June of 2001.Originally scheduled for a final diplomatic conference in the fall of 2000, the negotiating process was delayed as a result of serious questions raised about the draft language.

After a discussion of the history of the convention, this paper presents a review of the Preliminary Draft Convention text, describing its structure and scope. It then provides a focus on provisions of particular concern in the areas of intellectual property rights and electronic commerce.

Keywords: intellectual property, electronic commerce, jurisdiction, foreign judgments, Hague Convention on Private International Law, Preliminary Draft Convention, uniformity, enforcement of judgments, private international law

Suggested Citation

Brand, Ronald A., Intellectual Property, Electronic Commerce and the Preliminary Draft Hague Jurisdiction and Judgments Convention (August 9, 2008). University of Pittsburgh Law Review, Vol. 62, pp. 581-603, 2001, U. of Pittsburgh Legal Studies Research Paper Series, Available at SSRN: https://ssrn.com/abstract=1214211

Ronald A. Brand (Contact Author)

University of Pittsburgh - School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States

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