Codified Choice of Law in China: Rules, Processes and Theoretic Underpinnings
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The Law Applicable to Online Copyright Infringements in the ALI and CLIP Proposals: a Rebalance of Interests Needed?*
Rita Matulionyte The Law Applicable to Online Copyright Infringements in the ALI and CLIP Proposals: A Rebalance of Interests Needed?* by Rita Matulionyte, Hannover LL.M. (Munich) IP research fellow at the Institute for Legal Informatics, Leibniz University of Hannover. Abstract: The article discusses the problems of appli- a compromise between the territoriality and univer- cable law to copyright infringements online. It firstly sality approaches suggested in respect of ubiqui- identifies the main problems related to the well es- tous infringement cases. At the same time; the paper tablished territoriality principle and the lex loci pro- draws the attention that the interests of “good faith” tectionis rule. Then; the discussion focuses on the online service providers (such as legal certainty and “ubiquitous infringement” rule recently proposed by foreseeability) have been until now underestimated the American Law Institute (ALI) and the European and invites to take these interests into account when Max Planck Group for (onflicts of Law and Intellec- merging the projects into a common international tual Property !( IP). The author strongly welcomes proposal. Keywords: applicable law; copyright; Internet; ALI; CLIP; ubiquitous infringement; territoriality © 2011 Rita Matulionyte Everybody may disseminate this article by electronic means and ma e it available for do!nload under the terms and conditions of the "i#ital $eer $ublishin# %icence &"$$%'. A co)y of the license te*t may be obtained at htt)+,,nbn-resolvin#( de,urn+nbn+de+000.-d))l-v/-en0( Recommended citation: Rita Matulionyte, 2he %aw A))licable to 3nline 4o)yri#ht Infrin#ements in the A%I and 4%IP $ro)osals: A Rebalance of Interests Needed?, 2 (2011) JI$I2EC 26, para. -
Conflict of Laws: Florida 1968-69
University of Miami Law Review Volume 24 Number 3 Article 2 5-1-1970 Conflict of Laws: Florida 1968-69 S. A. Bayitch Follow this and additional works at: https://repository.law.miami.edu/umlr Recommended Citation S. A. Bayitch, Conflict of Laws: Florida 1968-69, 24 U. Miami L. Rev. 433 (1970) Available at: https://repository.law.miami.edu/umlr/vol24/iss3/2 This Article is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. university of miami law review VOLUME 24 SPRING 1970 NUMBER 3 CONFLICT OF LAWS: FLORIDA 1968-69 S.A. BAYITCH* I. GENERAL PROBLEM S ...................................................... 434 II. JURISDICTIONAL CONFLICTS ................................................ 438 A. Long-Arm Statutes .................................................. 442 1. NONRESIDENT MOTORISTS .......................................... 443 2. NONRESIDENT AIRCRAFT AND WATERCRAFT OPERATORS .................... 444 3. BUSINESS BY NONRESIDENTS ....................................... 444 4. UNAUTHORIZED FOREIGN INSURERS .................................... 455 5. NONRESIDENT CHARITABLE ORGANIZATIONS AND SOLICITORS .............. 456 6. NONRESIDENT PARTNERSHIPS ....................................... 456 7. FOREIGN LAND DEVELOPERS ....................................... -
The Law Applicable to Unregistered IP Rights After Rome II
R. L. R. The Law Applicable to Unregistered IP Rights After Rome II Haimo SCHACK* Until a few years ago, the con ict of laws problems of intellectual property rights have rarely been thoroughly treated.1) For con ict of laws people IP law was a remote special subject, and the IP people believed that they need not bother with the arcana of con icts law because the territoriality principle and the international conventions supposedly provided all the necessary rules. This mistake has been pointed out, at the latest, by the internet. Today the transborder use and infringement of IP rights is most common and legal proceedings are long since brought not only in the country for which protection is sought. More and more often the country of origin, the protecting country and the forum state are not identical, and one action apart from actions for injunctive relief asserts IP infringements in several protecting countries. That holds true in particular for unregistered and for Community-wide IP rights the reach of which not necessarily coincides with the national borders of a registering state. In the last years, however, the German and foreign literature on the law applicable to IP rights has been swelling very much. 2) Of late, even the European legislator has tried its hand with a rst partial rule in this eld of con icts law. The Regulation (EC) No. 864/2007 of the European Parliament and of the Council on the law applicable to non- contractual obligations ( Rome II )3) of 11 July 2007 provides in art. -
American Conflicts Law
Copyright © 2018 Carolina Academic Press, LLC. All rights reserved. American Conflicts Law: Cases and Materials Sixth Edition 2018-2019 Supplement By ROBERT L. FELIX James P. Mozingo III Professor Emeritus of Law University of South Carolina RALPH U. WHITTEN Senator Allen A. Sekt Professor Emeritus of Law Creighton University RICHARD H. SEAMON Professor of Law University of Idaho JESSE M. CROSS Assistant Professor of Law University of South Carolina CAROLINA ACADEMIC PRESS Copyright © 2018 Carolina Academic Press, LLC. All rights reserved. COPYRIGHT © 2018 CAROLINA ACADEMIC PRESS, LLC ALL RIGHTS RESERVED CAROLINA ACADEMIC PRESS 700 KENT STREET DURHAM, NORTH CAROLINA 27701 TELEPHONE (919) 489-7486 FAX (919) 493-5668 E-MAIL: [email protected] WWW.CAP-PRESS.COM Copyright © 2018 Carolina Academic Press, LLC. All rights reserved. PREFACE _____________________________________________________________________________ This Supplement is intended to update teachers and students on the latest cases and literature pertinent to the course in Conflict of Laws. Since the publication of the Sixth Edition of the casebook in 2015, there have been no major developments in the general area of choice of law that would constitute a fundamental alteration in the direction of the AConflicts Revolution@ that constitutes the main subject matter of the casebook. However, the recent decision of the United States Supreme Court in Obergefell v. Hodges, 576 U.S. ___, 135 S. Ct. 2584 (2015), holding that the Due Process and Equal Protection Clauses prohibit a state from refusing to allow same-sex marriages under its own law, will affect DOMA and full faith and credit issues discussed in Chapter 7 of the casebook. -
Conflict of Laws
University of Miami Law Review Volume 22 Number 3 Article 2 5-1-1968 Conflict of Laws S. A. Bayitch Follow this and additional works at: https://repository.law.miami.edu/umlr Recommended Citation S. A. Bayitch, Conflict of Laws, 22 U. Miami L. Rev. 509 (1968) Available at: https://repository.law.miami.edu/umlr/vol22/iss3/2 This Leading Article is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. CONFLICT OF LAWS S. A. BAYITCH* I. GENERAL PROBLEM S ....................................................... 510 II. JURISDICTIONAL CONFLICTS ................................................ 513 A. Acting within Jurisdiction ............................................ 514 1. NONRESIDENT MOTORISTS ........................................... 516 2. NONRESIDENT WATERCRAFT OPERATORS ................................ 517 3. BUSINESS BY NONRESIDENTS ........................................ 517 4. UNAUTHORIZED FOREIGN INSURERS .................................. 527 5. NONRESIDENT CHARITABLE ORGANIZATIONS AND SOLICITORS .............. 528 6. NONRESIDENT PARTNERSHIPS ........................................ 528 7. FOREIGN LAND DEVELOPERS .......................................... 528 B. Jurisdiction in R em .................................................. 529 C. Forum Non -
Choice-Of-Law Rules in Bankruptcy: an Opportunity for Congress to Resolve Conflicting Approaches
SEVENTH CIRCUIT REVIEW Volume 5, Issue 2 Spring 2010 CHOICE-OF-LAW RULES IN BANKRUPTCY: AN OPPORTUNITY FOR CONGRESS TO RESOLVE CONFLICTING APPROACHES ∗ VIKTORIA A. D. ZIEBARTH Cite as: Viktoria A. D. Ziebarth, Choice-of-Law Rules in Bankruptcy: An Opportunity for Congress to Resolve Conflicting Approaches, 5 SEVENTH CIRCUIT REV. 309 (2010), at http://www.kentlaw.edu/7cr/v5-2/ziebarth.pdf. INTRODUCTION When a dispute arises and the parties are from different states or more than one law within a single jurisdiction applies to the dispute, which law should govern? Choice-of-law rules answer that question. In the early years following the founding of the United States, state law was fairly uniform, so it usually did not matter which state’s law was applied.1 However, in subsequent years, states enacted statutes that conflicted with those of their sister states.2 Choice-of-law “is a device for choosing among states’ substantive laws.”3 Writing in 1927, Justice Benjamin Cardozo called conflict of ∗ J.D. candidate, May 2010, Chicago-Kent College of Law, Illinois Institute of Technology; B.A., International Studies, 1997, Rhodes College. 1 Robert H. Jackson, Full Faith and Credit—The Lawyer’s Clause of the Constitution, 45 COLUM. L. REV. 1, 11 (1945). Justice Jackson’s article, which was given as the fourth annual Benjamin N. Cardozo Lecture on December 7, 1944, provides excellent insight into the origins of the Full Faith and Credit Clause and the Supreme Court’s full faith and credit jurisprudence through the early 1940s. 2 Id. 3 Scott Fruehwald, Choice of Law in Federal Courts: A Reevaluation, 37 BRANDEIS L.J. -
IP and Applicable Law in Recent International Proposals
IP and Applicable Law in Recent International Proposals IP and Applicable Law in Recent International Proposals: Report for the International Law Association by Rita Matulionytė, Vilnius, Dr. iur. (Munich and Freiburg), LL.M. IP (Munich), deputy director at the Law Institute of Lithuania Abstract: The report compares applicable law against particular solutions suggested in the propos- rules to intellectual property (IP) disputes as pro- als. This report was presented in the 1st meeting of posed in the recent international projects(ALI, CLIP, the Committee on Intellectual Property and Private Transparency, Kopila and Joint Japanese-Korean pro- International Law of the International Law Associa- posals). Namely, it identifies the differences among tion (15-17 March 2012, Lisbon) and is expected to proposals, reveals the underlying reasons of differ- contribute to the merge of current international pro- ing rules, looks at how particular issues have been posals into a single international initiative. until now solved at international and national levels, and finally, overviews the main arguments for and Keywords: Intellectual property, applicable law, conflict of laws, lex loci protectionis, lex originis, initial ownership, ubiquitous infringement, party autonomy © 2012 Rita Matulionytė Everybody may disseminate this article by electronic means and make it available for download under the terms and conditions of the Digital Peer Publishing Licence (DPPL). A copy of the license text may be obtained at http://nbn-resolving. de/urn:nbn:de:0009-dppl-v3-en8. This article may also be used under the Creative Commons Attribution-Share Alike 3.0 Unported License, available at h t t p : // creativecommons.org/licenses/by-sa/3.0/. -
In the United States District Court for the Eastern District of Pennsylvania
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JAMES OETTING, Individually and on CIVIL ACTION behalf of all others similarly situated, Plaintiff, v. NO. 11-4757 HEFFLER, RADETICH & SAITTA, LLP, EDWARD J. SINCAVAGE, EDWARD J. RADETICH, JR., and MICHAEL T. BANCROFT, Defendants. DuBois, J. August 11, 2017 M E M O R A N D U M I. INTRODUCTION This case involves claims asserted by plaintiff James Oetting on behalf of himself and a certified class of similarly situated individuals who received payments from a settlement fund in a long-running multidistrict litigation in the United States District Court for the Eastern District of Missouri. This case was originally filed as a separate action in that district but was transferred to this Court pursuant to 28 U.S.C. § 1404(a) by Order dated July 25, 2011. Plaintiff seeks damages from defendants for harm suffered by the class due to fraudulent claims made on the settlement fund by a former employee of defendant Heffler, Radetich & Saitta, LLP (“Heffler”), that were authorized by defendants. Plaintiff asserts claims for negligence, accountant malpractice, breach of fiduciary duty, and fraud. Presently before the Court are the parties’ memoranda and supplemental memoranda on all choice of law issues. For the reasons that follow, the Court concludes that Pennsylvania’s statute of limitations, the Missouri savings statute, and Missouri substantive law are applicable to this case. II. BACKGROUND The relevant facts as outlined in plaintiff’s Second Amended Complaint, attached exhibits, and the underlying MDL docket are as follows. This case arises out of securities litigation following a merger between BankAmerica Corporation (“BankAmerica”) and NationsBank. -
Conflict-Of-Laws Rules Governing Copyrights in TV Format
Conflict-of-Laws Rules Governing Copyrights in TV Format Anna Y. Ananeva1; Oksana V. Lutkova2; Sergey Y. Kashkin3 1,2,3Kutafin Moscow State Law University (MSAL), Moscow, Russian Federation. Abstract The paper aims at finding and formulating conflict-of-laws principles governing TV format copyright relations. To achieve the goal, we used a vague range of methods standard for jurisprudence, e.g. formal- legal, comparative-legal, sociological, and legal modeling methods. As a main result, in comparison with the threads of copyrights conflict-of-laws regulation, we identified the groups of aspects of format issues that have been and have not been brought before courts yet, turned up and explained the approaches to the choice of law usually used by the courts, established in the documents of non-governmental organizations, and proposed our own approach. Moreover, we formulated a cascade of conflict-of-laws rules suitable for finding the proper jurisdictions in TV format contract relations in the absence of choice made by the parties. The paper is the first try to comprehend the issue of conflict-of-laws regulation of format copyright relations. Key-words: Copyright Law, International Private Law, Intellectual Statute, Contract Statute, Audio Visual Work Format. 1. Introduction Audiovisual work formats are widespread intellectual property (IP) in the modern world. They are usually defined as a set of distinctive characteristics of a TV program, making it recognizable and distinguishable by the audience, and therefore competitive among other equitable TV programs (LANE, 1992). The characteristics allow recreating a program that proved to be engaging in one country according to local cultural features of another country and minimizing the risks arising from developing a program from scratch. -
Volume 10, Issue 2, August 2013
Volume 10, Issue 2, August 2013 INTERNATIONALISATION OF FOSS CONTRIBUTORY COPYRIGHT ASSIGNMENTS AND LICENSES: JURISDICTION- SPECIFIC OR “UNPORTED”? Axel Metzger * Abstract Some of the major Free and Open Source (FOSS) projects use contributory copyright assignments and licenses to clarify the ownership of developer's contributions and to allow the project to grant sublicenses and enforce copyright claims in case of license violations. The paper gives an overview of typical provisions of these agreements and provides an analysis of the private international law principles applicable in Europe, United States, and Japan. As a conclusion, the paper suggests an internationalisation strategy for FOSS projects. FOSS copyright assignments and licenses should implement choice-of-law clauses to foster legal certainty for projects. DOI: 10.2966/scrip.100213.177 © Axel Metzger 2013. This work is licensed under a Creative Commons Licence. Please click on the link to read the terms and conditions. * Dr. iur. (Munich and Paris), Dr. iur. habil. (Hamburg), LL.M. (Harvard), Professor of Law at Leibniz (2013) 10:2 SCRIPTed 178 1. Introduction The legal questions raised by Free and Open Source Software (FOSS) licenses have been the subject of an intense international debate among legal scholars and practising lawyers since the late 1990s.1 Courts in different jurisdictions have confirmed that the core features of FOSS licenses are compliant with the respective applicable laws and thus enforceable in the respective jurisdictions.2 This significant interest in the legal relationship between programmers and users of FOSS (“outbound licenses”) is in remarkable contrast to the disregard legal scholars have shown for the legal relationships between programmers and the organisations behind FOSS projects. -
Kyoto Guidelines
Kyoto Guidelines: Applicable Law International Law Association’s Guidelines on Intellectual Property and Private International Law (“Kyoto Guidelines”): Applicable Law by Marie-Elodie Ancel, Nicolas Binctin, Josef Drexl, Mireille van Eechoud, Jane C Ginsburg, Toshiyuki Kono, Gyooho Lee, Rita Matulionyte, Edouard Treppoz, Dário Moura Vicente Abstract: The chapter “Applicable Law” of the registered rights is governed by the lex loci protec- International Law Association’s Guidelines on In- tionis whereas the law of the closest connection is tellectual Property and Private International Law applied to determine the ownership of copyright. For (“Kyoto Guidelines”) provides principles on the choice contracts, freedom of choice is acknowledged. With of law in international intellectual property matters. regard to ubiquitous or multi-state infringement and The Guidelines confirm the traditional principle of the collective rights management in the field of copyright, lex loci protectionis for the existence, transferabil- the Guidelines suggest innovative solutions. Finally, ity, scope and infringement of intellectual property the chapter contains a Guideline on the law applica- rights. The law applicable to the initial ownership of ble to the arbitrability of disputes. © 2021 Marie-Elodie Ancel, Nicolas Binctin, Josef Drexl, Mireille van Eechoud, Jane C Ginsburg, Toshiyuki Kono, Gyooho Lee, Rita Matulionyte, Edouard Treppoz and Dário Moura Vicente Everybody may disseminate this article by electronic means and make it available for download under the terms and conditions of the Digital Peer Publishing Licence (DPPL). A copy of the license text may be obtained at http://nbn-resolving. de/urn:nbn:de:0009-dppl-v3-en8. Recommended citation: Marie-Elodie Ancel, Nicolas Binctin, Josef Drexl et al., Kyoto Guidelines: Applicable Law, 12 (2021) JIPITEC 44 para 1 A. -
Conflict of Laws - Application of Orumf State's Statute of Limitations to Litigation with Which the State Has No Significant Contacts Is Unconstitutional
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Villanova University School of Law: Digital Repository Volume 33 Issue 3 Article 7 1988 Conflict of Laws - Application of orumF State's Statute of Limitations to Litigation with Which the State Has No Significant Contacts Is Unconstitutional David A. Ebby Follow this and additional works at: https://digitalcommons.law.villanova.edu/vlr Part of the Conflict of Laws Commons Recommended Citation David A. Ebby, Conflict of Laws - Application of orumF State's Statute of Limitations to Litigation with Which the State Has No Significant Contacts Is Unconstitutional, 33 Vill. L. Rev. 610 (1988). Available at: https://digitalcommons.law.villanova.edu/vlr/vol33/iss3/7 This Issues in the Third Circuit is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Villanova Law Review by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. Ebby: Conflict of Laws - Application of Forum State's Statute of Limita 1988] CONFLICT OF LAWS-APPLICATION OF FORUM STATE'S STATUTE OF LIMITATIONS TO LITIGATION WITH WHICH THE STATE HAS No SIGNIFICANT CONTACTS IS UNCONSTITUTIONAL Ferens v. Deere & Co. (1987)t Under Klaxon Co. v. Stentor Electric Manufacturing Co.,' a federal dis- trict court sitting in diversity must apply the choice-of-law rules of the state in which it sits. If a diversity suit is transferred from one federal district court to another, Van Dusen v. Barrack 2 directs that the transfer does not result in the application of a new choice-of-law rule.