Intellectual Property, Electronic Commerce and the Preliminary Draft Hague Jurisdiction and Judgments Convention
23 Pages Posted: 10 Aug 2008
Date Written: August 9, 2008
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
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