The proposed Hague Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters is currently drafted to cover most fields of private litigation, including intellectual property. However, as those following the Hague process are aware, the Convention has run into considerable difficulties. There is currently reason to be concerned that it may not be promulgated at all, or that if it is promulgated, that it will be reduced in scope and cover only select areas of litigation, likely not to include intellectual property. This proposal is meant to spur the intellectual property bar to consider whether it would be desirable to create a regime for international enforcement of intellectual property law judgments in the event that efforts at the Hague do not come to fruition in a manner that covers disputes in this area. A second question is whether, even if proceedings at the Hague do go forward, an instrument aimed exclusively at intellectual property matters would have advantages over a convention of more general scope. Such a convention could be adopted under the auspices of the World Intellectual Property Organization ("WIPO") or through the World Trade Organization ("WTO").
Intellectual Property Law | Law
Rochelle Cooper Dreyfuss & Jane C. Ginsburg,
Draft Convention on Jurisdiction and Recognition of Judgments in Intellectual Property Matters,
Chi.-Kent L. Rev.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1268