智慧财产权专利.PPT

* Roots of international law can be traced to the 17th century Peace of Westfalia. Early laws were concerned with war and peace and political issues. As trade increased, issues of commercial affairs grew in importance. If a nation refuses to accept a decision against it made by the World Court, it can appeal to the Security Council of the U.N. * Code Napoleon of 1804 was the prototype for the code law system that predominates in Europe today. The U.S. legal system is based on English civil law. * Asian countries are split. India, Pakistan, Malaysia, Singapore, and Hong Kong are common-law countries. Japan, Korea, Thailand, Indochina, Taiwan, Indonesia, and China are civil-law jurisdictions. Scandinavian countries use parts of both systems. The majority of countries today have civil-law systems. Many countries that were colonized up Europeans continue the legal systems imposed upon them. i.e., Singapore and Hong Kong were British colonies and have a common law system. Former French colonies, like Niger and Guyana have civil law systems. In post-communist Eastern and Central Europe, consultants from both civil and common law countries are trying to influence the process. Central Europe relies on the German civil law system while Russia looks to the U.S. system. Germans think that U.S. law is too complicated and the U.S. response is that the German system is outdated. * Any Westerner doing business in Malaysia and in the Middle East should have, at minimum, a rudimentary understanding of Islamic law and its implications for commercial activities. Brewers, for example, must refrain from advertising beer on billboards or in local-language newspapers. * Revlon sued a British company, UOL, for breach of contract in a federal court in New York. UOL claimed the court lacked jurisdiction. Revlon cited the presence of UOL’s name on an office building in the city in which the company had 50% ownership. The judge ruled against the motion to dismiss. * European patents are