AmCham Position Sent to Ministry of Justice on IPs

AmCham position on possible inclusion of Intellectual Property Rights (IPs) in the scope of the Hague Convention

In May, upon the request of the Ministry of Justice, the Regulatory Committee reviewed and took position that AmCham opposes the inclusion of IPs in the scope of the Hague Convention on the recognition and enforcement of foreign judgement in civil and commercial matters.

Emphasizing that the Convention is an important tool to foster judicial cooperation, the inclusion of IPs in the scope of the Convention would have unintended impacts. AmCham agrees and shares the AmCham EU position that it would not make sense to recognize judgements that result from vastly different national systems of IP protection and enforcement. This would encourage forum shopping and create legal uncertainty for rightsholders in Europe. Moreover, no arguments or impact assessments were presented by the EU to find reasons for the inclusion.

The AmCham position was sent to the Ministry of Justice with the content above.