Public Policy Exception to Recognition and Enforcement of Judgments in Cases of Copyright Infringement

25 Pages Posted: 19 Feb 2014 Last revised: 16 Apr 2014

See all articles by Marketa Trimble

Marketa Trimble

University of Nevada, Las Vegas, William S. Boyd School of Law

Date Written: June 21, 2009

Abstract

In recent years proposals have been made for an international convention that would facilitate a smooth recognition and enforcement of foreign judgments in intellectual property matters. Like all of these proposals, the American Law Institute’s preliminary version, short titled "Draft Principles" published in March 2007, strives to eliminate most hurdles to recognition and enforcement by providing rules for jurisdiction, choice of law and coordination of multi-territorial actions. As long as the rules are applied by the court that issues a judgment (the “rendering court”), most of the obstacles to recognition and enforcement − differing jurisdictional rules and choice of law rules of various countries − are eliminated. Therefore, absent some fundamental problems in the legal system of the rendering court, such as its lack of impartiality or integrity, the only remaining possible defense to recognition and enforcement of the judgment is the public policy exception.

Keywords: intellectual property, public policy, public policy exception, conflict of laws, private international law, recognition, enforcement, foreign judgment, court, litigation, cross-border, international, transnational, jurisdiction, ALI Principles, CLIP Principles

Suggested Citation

Trimble, Marketa, Public Policy Exception to Recognition and Enforcement of Judgments in Cases of Copyright Infringement (June 21, 2009). 40 IIC 642 (2009); UNLV William S. Boyd School of Law Legal Studies Research Paper Series. Available at SSRN: https://ssrn.com/abstract=2398037

Marketa Trimble (Contact Author)

University of Nevada, Las Vegas, William S. Boyd School of Law ( email )

4505 South Maryland Parkway
Box 451003
Las Vegas, NV 89154
United States

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