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IHT Internationale Heiztechnik GmbH, Uwe Danziger v. Ideal-Standard GmbH, Wabco Standard GmbH,1 ("Ideal Standard") was awaited with great expectation because it raised a question which HAG II2 left unanswered.
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Much has been written about the successes and failures of arbitrators
in conducting a fair hearing.
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In the last few decades, international trade has become a dense network.
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In June 1994 the European Commission published a draft block exemption which would exempt certain technology licensing agreements from the application of the EU competition rules.
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As always I will be giving you my very personal views, that are not necessarily those of the European Patent Office, where I have the honour of serving.
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In December 1996, the World Intellectual Property Organization (WIPO)sponsored a Diplomatic Conference in Geneva with a principal objective of bringing world intellectual property law into the digital age.
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International agreement on the nature and extent of intellectual property protection for industrial designs has been noticeably lacking.
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As an arbitrator, you have been astutely watching the parties put
forth their case before you.
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"Administrative law in the Republic of Uzbekistan is objectively connected with the social phenomenon that is commonly defined as administration."
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A change in the law is desirable to protect commercial database developers from commercial misappropriation of their database products where other legal protections and remedies are inadequate.
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While an arbitration agreement may require the parties to arbitrate
disputes within the reach of the agreement, it is not always apparent who
those parties are.
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Good morning, ladies and gentlemen. My name is Francis Gurry, and I have the privilege of moderating this morning's session on ADR in intellectual property.
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It is a great pleasure to participate in this program.
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A lawyer who wishes to draft a narrow arbitration clause should
beware of relying too heavily on the term “arising.”
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"Since the birth of Communist China, law in China has been always intertwined with political ideology and class struggle."
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By comparison with the provisions relating to patents (the twenty year term) and copyright (copyright restoration),2 the trademark provisions under the NAFTA and GATT Implementation Acts have instituted less dramatic changes.
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Arbitral procedures, like their court counterparts, are the nuts and
bolts of dispute resolution.
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Productions in the entertainment industry vary depending upon the
art, the artists, the medium, the venue, the financing and the distribution
and marketing of the initial and collateral products.
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The law of personal jurisdiction based on Internet activities is
developing rapidly, as the use of the Internet becomes an ever more
common part of the commercial world.
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"At the heart of the lawyerly function lies the fee."
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I was asked to speak to the impact of GATT on the United States copyright law and to limit my remarks to the impact within the United States.
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"In 1991, after declaring independence from the Soviet Union, Ukraine launched the process of transforming the Soviet monobank type system..."
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"Law of Ukraine No. 78-XIV (enacted June 30, 1999) On Changes and Amendments to the Law of Ukraine “On Bankruptcy”, which came into effect 1, 2000, marked the recent reform of Ukraine’s bankruptcy legislation to end."
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The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement)1 establishes a set of universal intellectual property norms that all WTO Member States must respect in their domestic laws within prescribed periods of time.
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In the last generation the “quiet revolution” in conflict resolution has
spawned a vast array of organizations sponsoring or promoting the
services of arbitrators and mediators.
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The environment in which hospitals, health systems and other
institutional healthcare providers operate is exceedingly sophisticated
and complex.
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"Given the recent rise in concern over legal ethics, it is surprising that the academic community has not honed in on the ethical dimensions of cross-border practice in the Middle East..."
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"Ukraine is increasing the pace of moving towards the market-oriented economy system."
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"Canadian courts have been exposed to transnational insolvency problems since the earliest days of the Canadian Confederation."
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"The plaintiff in a defamation action bears an extraordinarily difficult burden of proof."
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"The rules dealing with situations of changed or supervening contract circumstances are oriented on the two basic concepts of hardship and force majeure — they constitute exceptions to the cardinal canon of pacta sunt servanda and ameliorate its strictness."
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I want to delineate the subject I will be talking about a little bit in relation to the other speakers.
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I come to you as a visitor from the field of conflict of laws, a field that some of my colleagues graciously describe as a quagmire.
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Recent years have seen an ever-widening interest in the question of choice of law with respect to copyright disputes.
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“Multidisciplinary Partnership” (MDP) is a concept that provokes a remarkable array of responses from lawyers around the world.
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"Decades passed before the law finally answered the question that first emerged in New York Times Co. v. United States..."
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ANTITRUST, COMPETITION LAW AND INTELLECTUAL PROPERTY MR. VAN DER WAL: Good afternoon. This is the session on intellectual property rights and antitrust law issues.
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PROF. VISSER: Thank you, Neil [Wilkof]1, for that brief introduction to the nightmare of choice of law.
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PROF. DWORKIN: Thank you, Judge Vesterdorf. Comments on that or generally, Spyros?
DR. MANIATIS: Yes.
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PROF. VISSER: Thank you, Willem, for that paper, and also thank you for sticking almost to the second to the time that Hugh Hansen suggested.
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MR. GROOMBRIDGE: I would like to now turn over the floor to the commentators, starting with Professor Patterson, for their remarks on the presentations we just heard.
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PROF. FIRTH: Thank you very much, and thanks again to Howard [Knopf] for a wonderful paper1, which I had the advantage of seeing in advance, very comprehensive and some very good recommendations, and I fell to wondering whether we could follow this kind of example, follow any of the suggestions, in Europe.
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PROF. EVANS: Thank you.
My five-minute comment is titled “Non-Judicial Settlement of Domain Name Disputes,” subtitled “Only Connect and Characterize the Interface.”
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