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In recent years proposals have been made for an international convention that would facilitate a smooth recognition and enforcement of foreign judgments in intellectual property matters. Like all of these proposals, the American Law Institute’s preliminary version, short titled "Draft Principles" published in March 2007, strives to eliminate most hurdles to recognition and enforcement by providing rules for jurisdiction, choice of law and coordination of multi-territorial actions. As long as the rules are applied by the court that issues a judgment (the “rendering court”), most of the obstacles to recognition and enforcement − differing jurisdictional rules and choice of law rules of various countries − are eliminated. Therefore, absent some fundamental problems in the legal system of the rendering court, such as its lack of impartiality or integrity, the only remaining possible defense to recognition and enforcement of the judgment is the public policy exception.

Publication Citation

40 IIC 642 (2009).