The dissertation complements the existing literature at the intersection of intellectual property and private international law by providing new insights into cross-border enforcement of patent rights. It is a case study of one specific type of patent enforcement problems - problems associated with enforcement across national borders - and also a study of the impact that private international law mechanisms may have on substantive law. The dissertation shows that notwithstanding patent law territoriality, even under current substantive and procedural laws, patent cases arise in which cross-border enforcement is necessary. It explains why such cases exist and what kind of cross-border enforcement problems they generate; it also analyzes current proposals aimed at facilitating smoother recognition and enforcement abroad of decisions issued in such cases, and concludes that the proposals can function only if countries agree on deeper harmonization of patent laws. In the short-term, the U.S. may solve the problem by entering into bilateral or limited regional treaties on cross-border enforcement because the problem is, at least for now, geographically confined. In the long-term, countries should complement discussions on the proposals that will facilitate cross-border enforcement with a reopening of negotiations on creating a world patent or a regional patent. The dissertation is based on an empirical study of patent cases filed in the U.S. and Germany; it also draws on an extensive comparative study of the legislative and jurisprudential development of the patent laws of the two countries.
"This tool identifies core principles that should guide United Nations personnel when confronted with draft amnesties that may be inconsistent with international law and United Nations policy. The first chapter defines amnesties, describes their use and distinguishes them from other legal measures that bear some similarities to amnesties but which are not addressed in this tool. Chapter II summarizes the principal rules of international law and United Nations policy that are applicable when assessing a proposed amnesty. Chapter III considers the relationship of amnesties to processes of transnational justice. Finally, chapter IV provides further guidance to practitioners who may encounter questions when seeking to apply the legal principles summarized in the tool to ambiguous situations in the field."--Excerpted from Introduction, p. 1.
Overview of key institutions in the justice sector
Related entities or mechanisms
Some key and priority issues for the criminal justice sector and related institutions
Countries emerging from conflict often suffer weak or non-existent rule of law, inadequate law enforcement and justice administration capacity, and increased instances of human rights violations. This situation is often exacerbated by a lack of public confidence in State authorities and a shortage of resources. These rule-of-law tools will provide practical guidance to field missions and transitional administrations in critical transitional justice and rule of law-related areas. This publication specifically addresses the issue of mapping the justice sector and some key related institutions and is intended to assist United Nations field staff in understanding how the justice sector actually worked in the State prior to and during the conflict, and how it should function if the rule of law is to take root.--Publisher's description.
Policy considerations in relation to international justice.
Countries emerging from conflict often suffer weak or non-existent rule of law, inadequate law enforcement and justice administration capacity, and increased instances of human rights violations. This situation is often exacerbated by a lack of public confidence in State authorities and a shortage of resources. These rule-of-law tools will provide practical guidance to field missions and transitional administrations in critical transitional justice and rule of law-related areas. This publication specifically sets out basic considerations on prosecution initiatives, and is intended to assist United Nations field staff when advising on approaches to addressing the challenges of prosecuting perpetrators of crimes such as genocide, crimes against humanity and war crimes.--Publisher's description.