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"Lorentzen v Lydden: Dead and Buried?"

In Peer International Corp v Termidor Music Publishers Ltd [2004] 2 WLR 849 the English Court of Appeal applied the lex situs rule to deny extraterritorial effect to a foreign governmental act (Cuban Law 860) in regard to (English-owned) copyright. Although this decision has effectively overruled Lorentzen v Lydden & Co Ltd [1942] 2 KB 202, the author points out that reference was made to the nature of the decree (confiscatory or not), which should not have been a relevant consideration on the facts of the case.

Author
Elsabe Schoeman
Published in
New Zealand Business Law Quarterly
Year
2004
Volume
10
Pages
285-293

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