Advanced Research & Writing Seminar -- IP

Researching Treaties and Select International Cases

Feb. 6, 2008

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.

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.

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

Research Guides

International Legal Research, from UW Gallagher Law Library, http://lib.law.washington.edu/ref/intlegal.shtml

ASIL Guide to Electronic Resources in International Law, from American Society of International Law, http://www.asil.org/resource/home.htm *** International Intellectual Property Research Guide

EISIL, Electronic Information System for International Law, from American Society of International Law, http://www.asil.org/system/eisil.htm *** IP Rights and Electronic Commerce Materials

Understanding International Legal Research

International Legal Research Tutorial, from Duke Law Library and University of California at Berkeley Law Library, http://www.law.duke.edu/ilrt/

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.

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?

U.S. Treaties in Force (TIF)

Start with Treaties Guide, http://lib.law.washington.edu/ref/treaties.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

U.N. Treaty Series Online

Database of U.N. Treaty materials, now available freehttp://untreaty.un.orgUsername: treatiesPassword: 12345

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, http://www.wipo.int/treaties/en/

Convention on Biological Diversity, http://www.cbd.int/

Government Websites - Treaties

U.S. Patent and Trademark Office, International Relations, http://www.uspto.gov/web/offices/dcom/olia/index.html

U.S. Copyright Office International Copyright Relations of US,

http://www.copyright.gov/circs/circ38a.pdf WIPO Conference Docs,

http://www.copyright.gov/circs/circ38a.pdf

IP Offices Around the World

Directory of Intellectual Property Offices, from WIPO, http://www.wipo.int/directory/en/urls.jspLocate treaties on a country’s IP office

website.

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, http://www.wipo.int/clea/en/index.jsp

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).

International Cases

Three examples International Court of Justice or ICJ (United

Nations)World Intellectual Property Office or WIPO

(United Nations)European Court of Justice

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, http://www.un.org/uncharter/about. currently 192 Member States The predecessor organization was the League of

Nations established in 1919 by the Covenant of the League of Nations

United Nations System

List of the UN entities (organized by title or subject matter), http://www.unsystem.org/

Intellectual Property? WIPOCourt? International Court of Justice

International Court of Justice

http://www.icj-cij.org/ 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.

Locating ICJ Cases

Start with International Cases Guide, http://lib.law.washington.edu/ref/intcases.shtml Print and online sources for cases,

http://www.icj-cij.org/

International Legal Materials (KZ64 .I58 at Reference Area and Classified Stacks) (on Westlaw: ILM)

WIPO

WIPO Domain Name Dispute Resolution Service, http://www.wipo.int/amc/en/domains/index.html

Search WIPO Cases and WIPO Panel Decisions, http://www.wipo.int/amc/en/domains/search/index.html

European Court of Justice

Start with European Union Research Guide, http://lib.law.washington.edu/ref/eu.shtml

Case Search, http://curia.europa.eu/en/content/juris/index.htm