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.
LEARNING SYNOPSIS
This exercise identifies multilingual legal resources and sources of law
for use in carrying out legal research in English.
EXERCISE
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.
1) Prepare a brief overview of EU import regulations regarding genetically
modified products.
2) Prepare a list of key terms concerning these regulations, providing
a translation into another EU language.
3) Compile a list of useful portals that you discover to email to other
colleagues in your department.
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