International Law Update

from January 2000
Last Number: August 2008

International Law Group, PLLC
ISSN 1089-5450

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Nbr. 11-5, May 2005

Copyright

In dispute over restoration of copyrights for foreign authors previously in the public domain, federal district court rules that Uruguay Round Agreements Act (URAA) does not violate U.S. Constitution

Criminal Law

Divided U.S. Supreme Court decides that phrase "convicted in any court" in federal statute penalizing gun possession by felons applies only to prior U.S. convictions

Forum Non Conveniens

Missouri Court of Appeals affirms forum non conveniens dismissal where unfairness of Panamanian judicial system was alleged and notes such factors as place of accrual of claim, location of witnesses, and nexus with lawsuit

Insurance

English Court of Appeal (Civil Division) affirms declaration that reinsurers of Coca Cola company's insurer had duty to defend insurers despite claimant's failure to notify them of two class actions pending in Georgia federal courts within 72 hours of their knowledge of loss by Coke since no "loss" had yet taken place

Summary Judgment

English Court of Queen's Bench denies summary judgment to Sotheby's of London in suit brought by descendants of composer Sergei Rachmaninoff to prevent auction of long-lost handwritten manuscript of his Second Symphony

Topics in Brief

EU Commission orders emergency measures to limit importation of U.S. products containing genetically modified maize. Japanese law to give limited protection to whistleblowers. EU imposes additional customs duties on U.S. products based on U.S. non-compliance with WTO mandate in Byrd Amendment cases. EU renews restrictions on certain persons in Burma/Myanmar. Britain extradites to U.S. three local bankers charged with wire fraud.

Trademarks

In answering questions about EU trademark law referred to it by Finland's Supreme Court, the European Court of Justice also explains that whether defendant's claim of its razor's compatibility with Gillette's blades on its packaging of similar products in Finland runs afoul of EU trademark directive turns on key facts to be determined by Finnish courts

Vienna Convention

Following ruling of International Court of Justice, divided U.S. Supreme Court decides that it had improvidently granted writ of certiorari in challenge to death sentence of foreign defendant who did not get notice of his right to consular aid under Vienna Convention