Patent enforcement difficulties in Japan: are there any satisfactory solutions for the United States?

Article Abstract:

The Agreement on Trade-Related Aspects of Intellectual Property Rights, the Structural Impediment Initiative, and the World Intellectual Property Organization's patent law harmonization efforts may eventually protect US patent rights adequately in Japan. Successful US patent litigation in Japan encounters many obstacles, including overly-long proceedings, difficulties in obtaining preliminary injunctions and conducting pretrial discovery, Japan's cultural bias against litigation, low damages awards, and narrow judicial interpretations. Private initiatives, as well as public initiatives such as Civil Code changes and harmonization, may improve the situation.

United States, Japan, Patents (International law), Intellectual property (International law)

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Official Management v. reorganisation under Chapter 11 of the United States Bankruptcy Code: in defence of official management

Article Abstract:

Australia's current Official Management procedure for bankruptcy is better than the proposed Administration or Chapter 11 reorganisation in the US. Official Management respects creditors' rights and the freedom of contract better than the other procedures, and control is taken away from the original management and given to a court-appointed liquidator. Prompt liquidation serves the public interest and maintains economic efficiency.

Law reform, Legal reform

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International insolvencies: an English-American comparison with an analysis of proposed solutions

Article Abstract:

There is no international harmony for dealing with international insolvency, as shown by the differences between British and American bankruptcy law. The US deals with comity under section 304 of the Bankruptcy Code, while the UK uses section 426 of its 1986 Insolvency Act. Possible solutions include bilateral treaties or the Model International Insolvency Cooperation Act of the International Bar Assn.

Comity of nations

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