The Court of Appeal for Ontario has released its decision in Precious Metal Capital Corp. v. Smith (available here). In many ways the decision is unexceptional: it agrees with a quite sensible decision by the judge at first instance. But there may be a more interesting, and contentious, aspect to the decision in the way [...]
Conflicts scholars have been busy since my last round-up of published articles in February, so the time seems ripe for another list of potential material to add to your reading pile. The usual caveats apply: the list is limited to articles published in English, and even then is almost certainly not comprehensive. If you know [...]
Also filed in Articles, Brussels I, Brussels II, Cases, Choice of law, Contract, Family, Jurisdiction, Legislation, Recognition, Rome I, UK, USA
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The Commonwealth Attorney-General has recently released a Consultation Draft of the Personal Property Securities Bill 2008 and an accompanying commentary. The Bill aims to provide a national system to regulate security interests in all property other than land, and would replace over 70 Commonwealth, State and Territory enactments.
As one can imagine, the Bill contains substantial [...]
On 14 February 2008, the Administrative Court of the Republic of Croatia rendered the first decision that will enable the return of the nationalised property to a foreigner. The right to return of or the right to be compensated for the apartment building, located in the centre of the Croatian capital Zagreb and taken immediately [...]
Tuesday, December 18, 2007
C.J.S. Knight has written a casenote in the Conveyancer and Property Lawyer on the High Court decision in Iran v Berend (Conv. (2007) November/December Pages 564-571). Here’s the abstract:
Discusses the Queens Bench Division decision in Iran v Berend on whether renvoi has a place in choice of law cases concerning title to moveable property, in [...]
Wednesday, October 17, 2007
Assignments of choses in action can raise difficult choice of law issues, and readers may be interested in two decisions of the Federal Court of Australia that shed some light on this area.
In Salfinger v Niugini Mining (Australia) Pty Ltd (No. 3) [2007] FCA 1532 (8 October 2007), Heerey J considered the validity of a [...]
Professor Jean-Christophe Galloux, one of the CLIP members, made sure that the Group’ message is effectively conveyed to the French-speaking addressees as well. Previously reported text (see here and here) has been translated and published in the Propriété intellectuelle, No. 24 of July 2007, pp. 291-299. The French introduction to the “Les relations conflictuelles de [...]
Richard Baddeley has written an article entitled “Out of Africa: The Moçambique Rule and Obstacles to Suits for Enforcement of Foreign Registered Intellectual Property Rights in Australia” in the June 2007 edition of The Intellectual Property Forum (pp 36-47). The introduction reads, in part:
This article challenges the prevailing view that registered intellectual property rights may [...]
Richard Frimston (Russell Cooke solicitors) has written a note in the new issue of Private Client Business on “Brussels IV - The Problems of Trusts and Characterisation in the Civil Law” (P.C.B. (2007) No.3 Pages 170-180). The abstract reads:
Discusses European Commission plans to propose rules on jurisdiction and enforcement of judgments concerning succession (Brussels IV), [...]
In a case previously blogged on this site, the Supreme Court today decided to limit the extaterritorial application of the federal patent laws. The 7-1 decision authored by Justice Ginsburg started off by noting the:
“general rule under United States patent law that no infringement occurs when a patented product is made and sold in [...]
Friday, February 16, 2007
Benedetta Ubertazzi (Prof. University Firenze, Attorney in Milan and Madrid, Studio Ubertazzi, Milan, Italy) has published the second part of his paper on The Trust in Spanish and Italian Private International Law in the Trusts and Trustees journal (OUP). Here's a short abstract:
This is the concluding part of the Article of which the first [...]
The U.S. Court of Appeals for the Federal Circuit recently held that a U.S. district court did not possess subject matter jurisdiction over the alleged infringement of a foreign patent. The case of Voda v. Coris Corp., concerned several patents owned by Dr. Jan Voda, a cardiologist who invented and patented a catheter for coronary [...]
Wednesday, February 7, 2007
The European Max-Planck Group for Conflict of Laws in Intellectual Property (CLIP) is a group of scholars in the fields of intellectual property and private international law that was established in 2004 with the aim of drafting a set of principles for conflict of laws in intellectual property and to provide independent advice to European and [...]
Tuesday, February 6, 2007
BAILII has just published the intriging judgment in Iran v Berend [2007] EWHC 132 (QB), which was handed down last Thursday (1 February 2007).
The case concerned a fragment of an Achaemenid limestone relief, believed to originate from the first half of the fifth century B.C in Persepolis (see some of the background to the dispute [...]
The symposium is organized by the Unité de droit international privé of the ULB (Université Libre de Bruxelles) in the framework of the project on “Judicial Cooperation in Matters of Intellectual Property and Information Technology”, co-financed by the European Commission, and will take place in Brussels on Friday, March 2nd 2007.
It is a follow-up to [...]
Kimberlee G. Weatherall (University of Queensland - T.C. Beirne School of Law) has posted "Can Substantive Law Harmonisation and Technology Provide Genuine Alternatives to Conflicts Rules in Intellectual Property?" on SSRN (also to be found in Media & Arts Law Review, Vol. 11, No. 4, p. 393, 2006). The abstract reads:
This article investigates whether there [...]
Richard Garnett (University of Melbourne - Faculty of Law) has posted "An Overview of Choice of Law, Jurisdiction And Foreign Judgment Enforcement in IP Disputes" on SSRN (also in Media & Arts Law Review, Vol. 11, No. 4, p. 341, 2006). Here's the abstract:
Historically, the bodies of legal doctrine known as private international law and [...]
Monday, November 20, 2006
On 16th November, MEPs voted overwhelmingly (450 to 51) in favour of a report by Mr Gargani of the Committee on Legal Affairs, asking the European Commission to draw up a
Community legal instrument relating to private international law on successions and wills, as already called for in the 1998 Vienna action plan, the programme of [...]
Tuesday, November 7, 2006
The House of Commons Select Committee on European Scrutiny has produced its thirty-seventh report. It includes discussion of the
Draft Regulation on the law applicable to contractual obligations (Rome I),
Commission Green Paper on conflict of laws in matters concerning matrimonial property regimes, including the question of jurisdiction and mutual recognition, and the
Draft Council Regulation amending Regulation (EC) [...]
