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Advanced Research & Writing Seminar -- IP Researching Treaties and Select International Cases Feb. 6, 2008.

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Presentation on theme: "Advanced Research & Writing Seminar -- IP Researching Treaties and Select International Cases Feb. 6, 2008."— Presentation transcript:

1 Advanced Research & Writing Seminar -- IP Researching Treaties and Select International Cases Feb. 6, 2008

2 Terms Foreign Law The domestic law of a country other than your own. Comparative Law Study comparing the laws of two or more countries or two or more legal systems. This often includes the study of foreign law -- to find articles about foreign law, you may need to use the terms "comparative law" or "comparative method" in some indexes.

3 Terms Public International Law Rules dealing with the relations between two or more states (i.e., countries). Rules dealing with some relations between states and persons (e.g., human rights) Rules dealing with international organizations. International economic law is the branch that deals with economic exchanges between states – it may include monetary law, trade law, customs law. Private International Law (Conflict of Laws) Rules dealing with relations among individuals that have an international element, typically rules concerning which country’s laws apply to a particular dispute.

4 Sources of International Law (1) international conventions (treaties) (2) international custom, as evidence of a general practice accepted as law (3) the general principles of law recognized by civilized nations (4) judicial decisions and teachings of the most highly qualified publicists of the various nations Article 38 of the Statute of the International Court of Justice

5 Research Guides International Legal Research, from UW Gallagher Law Library, ASIL Guide to Electronic Resources in International Law, from American Society of International Law, *** International Intellectual Property Research Guide EISIL, Electronic Information System for International Law, from American Society of International Law, *** IP Rights and Electronic Commerce Materials

6 Understanding International Legal Research International Legal Research Tutorial, from Duke Law Library and University of California at Berkeley Law Library,

7 Treaties Treaty = "an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.“ (Vienna Convention on the Law of Treaties) Names: international conventions, international agreements, covenants, final acts, charters, memorandums of understandings (MOUs), protocols, pacts, accords, and constitutions for international organizations. Treaties may be bilateral (two parties) or multilateral (between several parties) Treaty is binding on the parties to the agreement. An agreement "enters into force" when the terms for entry into force as specified in the agreement are met.

8 Treaty Research Questions Is the U.S. a party to the treaty? If the answer is yes, begin research with the sources like Treaties in Force. If the answer is no, use other sources like the United Nations Treaty Collection or the Multilateral Treaty Calendar or Multilateral Treaties Deposited with the Secretary General. Is the treaty bilateral or multilateral? What is the name of the treaty? Do you only know the date the treaty was open for ratification or adoption? If yes, consult the Multilateral Treaty Calendar for citation. Are you looking for a citation to a published source or for the latest status information?

9 U.S. Treaties in Force (TIF) Start with Treaties Guide, shtml shtml Treaties in Force, index of current bilateral and multilateral treaties for U.S. Search TIF for copyright, industrial property, intellectual property, patent, trade-marks

10 U.N. Treaty Series Online Database of U.N. Treaty materials, now available free Username: treaties Password: 12345

11 NGO and IGO websites : Treaties Non Governmental Organizations (NGOs) and InterGovernmental Organizations (IGOs) maintain status information on a webpage. World Intellectual Property Organization (WIPO) Administered Treaties, Convention on Biological Diversity,

12 Government Websites - Treaties U.S. Patent and Trademark Office, International Relations, lia/index.html lia/index.html U.S. Copyright Office International Copyright Relations of US, WIPO Conference Docs,

13 IP Offices Around the World Directory of Intellectual Property Offices, from WIPO, Locate treaties on a country’s IP office website.

14 Collections of IP Treaties and Laws Intellectual Property Laws and Treaties (WIPO, 1998-) K1500.A47 I52 in Reference Area or on Internet via CLEA database, International Legal Materials on Intellectual Property, 2002 ed. (K1401.A35 G65 in Classified Stacks) International Encyclopaedia of Intellectual Property Treaties, 2004 (K1401.A35 I428 at Classified Stacks).

15 International Cases Three examples International Court of Justice or ICJ (United Nations) World Intellectual Property Office or WIPO (United Nations) European Court of Justice

16 United Nations The UN is an international organization formed after World War II in 1945 to promote international peace, security, and cooperation under the terms of the Charter of the United Nations, currently 192 Member States The predecessor organization was the League of Nations established in 1919 by the Covenant of the League of Nations

17 United Nations System List of the UN entities (organized by title or subject matter), Intellectual Property?WIPO Court?International Court of Justice

18 International Court of Justice The International Court of Justice is the principal judicial organ of the United Nations. established in June 1945 by the Charter of the United Nations and began work in April 1946. Located in the Peace Palace in The Hague (Netherlands). Court’s role is to settle, in accordance with international law, legal disputes (contentious cases) submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies. It acts as a world court, but a State must submit to its jurisdiction. Court has 15 judges, who are elected for terms of office of nine years by UN General Assembly & Security Council.

19 Locating ICJ Cases Start with International Cases Guide, shtml shtml Print and online sources for cases, International Legal Materials (KZ64.I58 at Reference Area and Classified Stacks) (on Westlaw: ILM)

20 WIPO WIPO Domain Name Dispute Resolution Service, x.html x.html Search WIPO Cases and WIPO Panel Decisions, x.html x.html

21 European Court of Justice Start with European Union Research Guide, Case Search,

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