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Articles for the keyword(s) "Intellectual property"

"From Savigny to Cyberspace: Does the Internet Sound the Death-Knell for the Conflict of Laws?"

Campbell McLachlan, 2006

This article examines the challenges posed by the internet for classic conflicts theory and method in regard to cross-border communications with specific reference to defamation, privacy and copyright. A detailed comparative survey refers extensively to law reform initiatives and jurisprudential developments in a number of Anglo-Commonwealth countries, as well as Europe. The author explores the dynamics of the interplay between jurisdiction and choice of law and its effect on the traditional principle of territoriality within the context of cross-border communications disputes.

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“Conflict of Laws”

Elsabe Schoeman, 2013

This review of New Zealand cases and other developments covers the first series of cases dealing with the new High Court Rules, which came into operation on 1 February 2009. The review also covers the new Limitation Act 2010 and the Trans-Tasman Proceedings Act 2010, as well as a new case on the jurisdiction of a New Zealand court in respect of the infringement of a foreign (US)-registered patent.

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"Free Trade Agreement between the Government of the People’s Republic of China and the Government of New Zealand"

A H Angelo and Ping Xiong, 2008

This article provides a structural overview of the Free Trade Agreement between China and New Zealand. Particular focus is given to the dispute resolution mechanism put in place by the agreement. The last part of the article provides an introduction to the law of China. The author’s focus is on the main features of contract, commercial and intellectual property law. The conflict of laws rules regarding choice of law and the enforcement of foreign judgments relevant to these areas are also discussed.

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"A View from Australia's Regional Partners - Recent Developments in New Zealand and Singapore"

Elsabe Schoeman and Adeline Chong, 2014

The authors consider recent conflict of laws developments in New Zealand and Singapore. The review of New Zealand developments covers the first series of cases dealing with the new High Court Rules, which came into operation on 1 February 2009. The review also covers the new Limitation Act 2010 and the Trans-Tasman Proceedings Act 2010, as well as a new case on the jurisdiction of a New Zealand court in respect of the infringement of a foreign (US)-registered patent.

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"When in Rome (II): Jurisdiction, choice of law and foreign copyright infringement in New Zealand courts"

Adam Holden, 2016

The author advocates for reform of the New Zealand approach to cases involving foreign copyright infringement.