Download Advanced Research And Writing Seminar

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
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*** 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?


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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 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.
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 free
http://untreaty.un.org
 Username: treaties
 Password: 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/o
lia/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.jsp

Locate 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?
WIPO
 Court?
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.

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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

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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/inde
x.html

Search WIPO Cases and WIPO Panel
Decisions,
http://www.wipo.int/amc/en/domains/search/inde
x.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