Copyright (c) 2001 The University of Pittsburgh Law Review
University of Pittsburgh Law Review
ARTICLE: INTELLECTUAL PROPERTY, ELECTRONIC COMMERCE AND THE PRELIMINARY DRAFT HAGUE JURISDICTION AND JUDGMENTS CONVENTION
62 U. Pitt. L. Rev. 581
Ronald A. Brand*
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. 1 Originally scheduled for a final diplomatic conference in the fall of 2000, the negotiating process has now been delayed as a result of serious questions raised about the existing draft language. There is much work yet to be done on the general structure and content of the convention, including careful consideration of the manner in which the convention will affect litigation involving intellectual property rights and electronic commerce. These are two areas for which the implications of the convention promise to be both significant and uncertain given the rapid and continual development of technology and the legal issues raised by those developments.
The Hague Convention may become the first general treaty governing the recognition of foreign judgments with the United States as a party. The fact that the Convention will cover questions of jurisdiction as well will make it even more important. 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.
I. The History of the Project
A. The Existing Treaty Framework
In 1969, the ...
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