The practice of law across borders frequently requires the application of supra-national law. A client matter may require the examination of international treaties, an understanding of the rules and regulations of international organisations, or the analysis of provisions applied by international enforcement authorities. This is particularly true where goods and services are supplied across national boundaries, or where business dealings involve parties from different jurisdictions.
International conventions determine the jurisdiction of courts in disputes between contracting parties from different countries, ownership of rights to exploit natural resources, technology export restrictions, etc. The application of the various treaties and international regulations typically involves the translation of these legal acts into multiple languages. These documents are a valuable resource when communicating the implications of international law to clients.
This exercise identifies multilingual legal resources and sources of law for use in carrying out legal research in English.
You have been contacted by the head of the biosciences department of a major local university, a long-time client of your firm. She explains that the laboratory has had a recent breakthrough in the genetic modification of cotton plants, allowing cotton to be grown in a range of colours other than white. The economic implications of this development are significant, particularly if the lengthy, costly and environmentally hazardous process of dyeing cotton fabrics can be avoided.
Approximately 70% of the research budget is provided by a French manufacturing conglomerate which has a significant stake in the textiles industry. The conglomerate insists that it owns the intellectual property in this discovery by virtue of the assignment of all intellectual property rights to developments in the laboratory in exchange for providing funding. In a rush to protect this potentially invaluable technology, it has demanded the immediate surrender of all documentation and research results – including plants and seeds. The university does not dispute the assignment of rights to the intellectual property and wishes to maintain a good relationship with the conglomerate. However, being ever cautious, the university is concerned that the export of the biotechnology or genetically modified samples to the French headquarters may violate applicable laws. The department head is aware that the European Union has very strict rules concerning the import and dissemination of genetically modified products within its borders.
Your firm specialises in intellectual property and contract law, and agrees to examine the EU import regulations regarding genetically modified products. As the university is very anxious, you agree to submit a brief overview of the law on this matter within 24 hours.
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[...] Assignment and third-party rights | TransLegalThe practice of law across borders frequently requires the application of supra- national law. A client matter may require the examination of international. [...]