Recognition and Enforcement of Judgments in Intellectual Property Litigation: The CLIP Principles

Abstract

I. SIGNIFICANCE OF RECOGNITION AND ENFORCEMENT IN IP LITIGATION. II. APPLICATION OF PART 4 OF THE CLIP PRINCIPLES. 1. Scope of application. 2. The issue of reciprocity. 3. Favor recognitionis. III. EFFECTS OF JUDGMENTS. 1. Judgment: Definition and classification. 2. Effects of judgments and consequences of recognition. 3. Res judicata and preclusive effects. 4. Scope of injunctions. IV. RECOGNITION AND ENFORCEMENT: PROCEDURAL ASPECTS. V. FINALITY OF THE JUDGMENT AND PROVISIONAL MEASURES. VI. VERIFICATION OF THE JURISDICTION OF THE RENDERING COURT. 1. Standard of review. 2. Exclusive jurisdiction. 3. Other provisions. VII. SUBSTANTIVE PUBLIC POLICY. 1. Scope and nature. 2. Punitive damages. VIII. PROCEDURAL PUBLIC POLICY. IX. OTHER GROUNDS FOR NON-RECOGNITION