scholarly journals European patent with unitary effect but with variable law: regulating the right to patent for transnational inventions

2018 ◽  
Vol 8 (1) ◽  
pp. 29
Author(s):  
Bernardo Calabrese
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Legal Framework ◽  
Patent System ◽  
European Patent ◽  
Private International Law ◽  
Normative System ◽  
The Law ◽  
The Right ◽  
Unitary Patent

Abstract: This article focuses on a specific issue involving the so called right to patent in the context of the recently approved Unitary Patent system. Considering the field of private international law related to intellectual property, the issue of the law applicable to initial ownership becomes even more thorny in the legal framework of the Unitary Patent: as a matter of fact, this normative system could convey uncertainty in its application to transnational inventions, by reason of the peculiar criterion of the law of the “(first) applicant” governing the Unitary Patent as an object of property under art. 7, Regulation EU n. 1257/2012. Therefore, an interpretative clarification on this point seems necessary.

30 South Korea

2018 ◽  
Author(s):  
Hong Suhn-Kyoung ◽  
Cheong Seong-Koo
Keyword(s):  
South Korea ◽  
International Law ◽  
Legal Framework ◽  
Civil Code ◽  
Private International Law ◽  
Cross Border ◽  
The Law ◽  
The Right ◽  
Insolvency Proceedings ◽  
Governing Law

This chapter discusses the law of set-off in South Korea, along with certain restrictions on the exercise of the right of set-off in insolvency proceedings. The legal framework for set-off in South Korea is based on the Civil Code. The courts have also generally supported set-off as a means of satisfying a claim or discharging debt. The Korean Private International Law does not expressly lay down the governing law for set-off. This governing law issue is commonly discussed under two scenarios: set-off is undertaken on the basis of a set-off agreement between the parties; and set-off is undertaken in the absence of an agreement. The chapter first considers the governing law of contractual and non-contractual set-off in South Korea before turning to set-off between solvent parties and set-off against insolvent parties. It also analyses issues arising in cross-border set-off.

scholarly journals Prosecuting Piracy at the High Seas: the Experience of Malaysia

2018 ◽  
Vol 26 (2) ◽  
pp. 307
Author(s):  
Muhammad Hameedullah Md Asri ◽  
Md Khalil Ruslan
Keyword(s):  
International Law ◽  
Geneva Convention ◽  
Legal Framework ◽  
International Treaties ◽  
Sovereign State ◽  
High Court ◽  
United Nations Convention ◽  
The Law ◽  
To Come ◽  
The Right

The development of the law on piracy under two major international treaties; the Geneva Convention, 1958 and the United Nations Convention on the Law of the Sea, 1982 has witnessed great acceptance and application of the law with many coastal states have crafted specific anti-piracy law as a manifestation of their commitments to the international treaties. However, up until today, Malaysia has yet to come out with a single and unified statute against piracy despite being a member to both treaties. The law is scattered in a different set of documents and carried out by various agencies that are responsible to each respective law. It is argued that given this is the position in Malaysia, the prosecution of piracy would be a critical problem for the law enforcement. In this paper, we address this concern by looking at both Malaysian legal framework as well as the experience of the country against international piracy, particularly the case of Bunga Laurel. The findings suggest that there are more than twenty Acts that might be used against piracy. As a sovereign state under the international law, Malaysia also has the right to resort to principles of international law for the apprehension and prosecution of high sea pirates. To this effect, the case of Bunga Laurel has really manifested the successful application of Malaysian law by the High Court of Malaya against international piracy. The paper concludes that the absence of a single anti-piracy law is not necessarily an obstacle, but instead an advantage with great choice of law available for the prosecution in this country.

Modern Approaches to Private International Law and Conflicting Provisions on Legal Aid in Civil Cases

2020 ◽  
Vol 27 (1) ◽  
pp. 177-188
Author(s):  
Iryna Dikovska
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
International Treaties ◽  
Legal Aid ◽  
Conflict Of Laws ◽  
Eu Member States ◽  
The Law ◽  
Contractual Obligations ◽  
The Right

Part of the legal aid treaties between Ukraine and other states contains rules concerning conflict of laws. Where those that determine the law applicable to contractual obligations, family, and hereditary relations are not in line with current approaches to determining the law applicable to the specified groups of relations. The purpose of the paper is to uncover the differences between the regulation of conflict of laws in private relations in the legal aid treaties between Ukraine and some EU countries and the modern approaches to the regulation of conflict of laws in such relations, contained in other sources of private international law; an explanation of how to solve conflicts between legal aid treaties and other international treaties; outlining the main areas of improvement of rules concerning conflict of laws in legal aid treaties. The methods of the study were comparative, dialectical, and Aristotelian, which allowed to identify the problems of regulation of conflict of law in legal aid treaties and to draw conclusions for their elimination. Application of these methods allowed to find out that lex loci contractus is most often used to regulate contractual obligations in the absence of an agreement of the parties on the choice of applicable law. The agreement between Ukraine and Romania does not provide for the choice of the law for contractual obligations. Legal aid treaties imperatively determine the law applicable to the property relations of the spouses. They apply a dualistic approach to determining the right to inherit. It has been established that competition between the rules of this Convention and the rules of legal aid treaties between Ukraine and Poland and Ukraine and Estonia should be decided in favour of the Hague Convention. It is proposed to amend the legal aid treaties concluded between Ukraine and the EU Member States: the rules concerning conflict of laws, which define the law applicable to contractual, family, and hereditary relations should be revised using the relevant EU regulations as a model.

Codification of Private International Law in Israel?

1977 ◽  
Vol 12 (2) ◽  
pp. 129-154
Author(s):  
Edoardo Vitta
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Private International Law ◽  
District Courts ◽  
Legal Rules ◽  
Exclusive Jurisdiction ◽  
Personal Status ◽  
The Law ◽  
Set Up ◽  
Civil Courts

In the field of Private International Law, as well as in other branches of the law, Israeli legislation reflects the inheritance of the past. The situation is particularly complex in relation to matters of personal status, where the principle of the personality of the law, characterising the legal set-up of the former Ottoman Empire, still prevails, although modified in various ways by enactments of the Mandatory period and the legislature of Israel. Yet the bulk of conflict rules are drawn from the common law as applied in England, a subsidiary source of legal rules under art. 46 of the Palestine Order-in-Council, 1922–47.The details of the P.I.L. system actually in force in the State of Israel will not be dealt with in this paper. Our discussion will be limited to the main trends.The rules concerning personal status in Israel have their basis in Ottoman law according to which the national law of foreigners was applied to them by the consular courts of their own States. This, the well-known system of the Capitulations, was maintained until the Treaty of Montreux of 8 May 1937.When the British Mandate was set up in Palestine, the pattern obtaining in other territories under British administration was followed: the existing legal framework was retained and merely adapted to the new situation. The relevant Mandatory legislation consisted of the Palestine Order-in-Council 1922 and the Succession Ordinance, 1925. Under these enactments matters of personal status affecting foreigners (other than Moslem foreigners belonging to States who required them to submit in such matters, to the exclusive jurisdiction of the Moslem Religious Courts) were to be tried by the civil courts (the District Courts) according to their national law; if, however, the national law referred the matter to the law of their domicile, such latter law was to be applied.

scholarly journals Law Applicable to Liability for Damages due to Traffic Accidents Involving Autonomous Vehicles

2020 ◽  
Vol 14 (2) ◽  
pp. 177-200
Author(s):  
Marek Swierczynski ◽  
Łukasz Żarnowiec
Keyword(s):  
Artificial Intelligence ◽  
International Law ◽  
Autonomous Vehicles ◽  
Traffic Accidents ◽  
Legal Framework ◽  
Private International Law ◽  
New Approach ◽  
Conflict Of Laws ◽  
Individual Consideration ◽  
The Law

The authors examine the problem of the law applicable to liability for damages due to traffic accidents involving autonomous vehicles. Existing conflict-of-laws regulation adopted in the Rome II Regulation and both Hague Conventions of 1971 and 1973 is criticized. Upon examination of these legal instruments, it becomes clear that existing regulation is very complex and complicated. In effect authors recommend revisions to the legal framework. Proposed solutions are balanced and take into consideration both the interests of the injured persons, as well the persons claimed to be liable. New approach allows for more individual consideration of specific cases and direct to better outcome of the disputes. The findings may be useful in handling the cases related to use of algorithms of artificial intelligence in private international law.

scholarly journals The Libyan Uprising and the Right of Revolution in International Law

2011 ◽  
Vol 11 (1) ◽  
pp. 7-32
Author(s):  
Thomas Keenan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Framework ◽  
Legal Remedy ◽  
Protection Of Human Rights ◽  
The Law ◽  
Peace Enforcement ◽  
The Individual ◽  
The Right ◽  
International Instruments

Abstract Despite the ubiquitous coverage of the Libyan revolution throughout the last six months, very little has been said regarding the legal foundations for the rebels’ actions. Within the international legal framework, it must be asked whether the Libyan people even had a legal right in the first place to overthrow the Gaddafi regime. In fact, the existence of a right to rebel under international law is very much an unsettled matter. Among the sources of international law, a right to rebel is not enumerated in any of the principal international instruments. In truth, the only significant mention of the right is a passing but ambiguous reference in the preamble of the Universal Declaration of Human Rights. A customary right of revolution is similarly absent, as many nations criminalize treason and other insurrectionary activities. Instead, if such a right exists in international law, it must derive from the well-enshrined right of self-determination. Th is right would thus constitute an additional exception to international law’s general prohibition on the use force, standing alongside self-defense and Security Council peace enforcement. Yet establishing a right of revolution would mark a significant departure from these other exemptions. In essence, the right of revolution represents an allowance for non-state actors to resort to force unilaterally for the protection of human rights. For this very reason, contemporary international law likely does not recognize a popular right to revolt. In light of international law’s fi rm restrictions on lawful uses of force, there is no evidence that the law currently acknowledges a novel exception for the individual enforcement of human rights. Th us, in the absence of a change in the law, the proper legal remedy for the Libyan people was not rebellion but rather an appeal to the international community.

scholarly journals Vietnam’s New Law on the Right of Parties to Choose Applicable Law in Civil Relations Involving Foreign Elements

2016 ◽  
Vol 9 (4) ◽  
pp. 93
Author(s):  
Tran Thi Thu Phuong
Keyword(s):  
International Law ◽  
Private International Law ◽  
Legal Systems ◽  
Applicable Law ◽  
Application Of Law ◽  
The World ◽  
The Law ◽  
The Right

In private international law, the right of the parties to choose law applicable has been acknowledged in most legal systems. However, the scope of this right of agreement varies according to the statutory regulations of each country. This paper clarifies the scope of right to agreement on applicable law of the parties, as well as the mechanism for controlling the application of law as agreed upon by the parties in private international law of Vietnam. This article also makes comparison with the law of some countries in the world in order to point out the differences between them and to make comments, assessments of the current statutory regulations of Vietnam on such issues.

1. The history and nature of international law

2019 ◽  
pp. 3-30
Author(s):  
Gleider Hernández
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Private International Law ◽  
Daily Lives ◽  
Public International Law ◽  
The Law ◽  
State Relations ◽  
Inter State

This introductory chapter provides an overview of the history and nature of international law. Rather than regulating the behaviour of individuals in their relations with one another, international law is usually portrayed as a legal framework to govern the relations between ‘States’, the organized political entities which are the primary subjects of international law. ‘Public international law’ is to be distinguished from ‘private international law’, which describes the principles that determine the applicability of a certain law or set of laws to situations involving individuals with a foreign or transboundary element. Indeed, private international law regulates the conflicts between rules of different domestic legal orders, while public international law concerns relations between States. Today, public international law has exceeded its foundations as the law of inter-State relations and operates as an integral part of the daily lives of individuals.

scholarly journals Applicable Law for Contracts in the Sporting Context

SEEU Review ◽  
2017 ◽  
Vol 12 (1) ◽  
pp. 197-221
Author(s):  
Ines Medić
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Private International Law ◽  
Applicable Law ◽  
Elite Level ◽  
The Subject ◽  
The Law ◽  
Rome I

Abstract This article presents an analysis of contractual relations in sport from the standpoint of the Croatian legislative system. Due to the complexity of the subject matter, the author considers only a small fragment of it - the significance and the role of sport in Croatian society and the law of contracts „as a cornerstone on which „sports law“ has been built and which is of primary importance in most areas where there is an interface between sport and the law, irrespective of whether the sport is being played at an elite level or at a more humble one“. Bearing in mind the limited extent of this article, the autor tries to provide some clarifications and some guidance on how to deal with the designation and the determination of the applicable law for contracts in the sporting context. Considering that there are different legal regimes which may come into play with regard to the designation of the law applicable to contracts in the sporting context, the author first presents the determination of the applicable law according to the Rome I Regulation and then according to the Croatian Arbitration Act, Swiss Private International Law Act and the CAS Code of Sports-related Arbitration, as the most common in sports practice. Then, the author deals with contracts concluded with minor athletes and the determination of the law applicable to some preliminary questions. Finally, the author presents her perception of the problems encountered and some suggestions for the improvement of the existing legal framework.

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