[Federal Register Volume 66, Number 78 (Monday, April 23, 2001)]
[Notices]
[Pages 20482-20483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10002]


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LIBRARY OF CONGRESS

Copyright Office

[Docket No. RM 2001-3]


Public Roundtable on Intellectual Property Aspects of a Draft 
Convention on Jurisdiction and Foreign Judgments

AGENCY: Copyright Office, Library of Congress.

ACTION: Notice Announcing Public Forum.

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SUMMARY: The United States Copyright Office announces a public 
roundtable discussion on the intellectual property aspects of the 
preliminary draft Convention on Jurisdiction and Foreign Judgments in 
Civil and Commercial Matters being negotiated by the Hague Conference 
on Private International Law that provides special jurisdiction rules 
for, among other things, international torts.
    Date and Time: The roundtable will be held on Tuesday, May 15, 
2001, beginning at 9:30 a.m. and ending at 5:00 p.m.

ADDRESSES: Library of Congress, John Adams Building, Room LA-202, 110 
Second Street, SE., Washington, DC. Any member of the public wishing to 
attend and requiring special services, such as sign language 
interpretation or other ancillary aids, should contact the Library of 
Congress at least five (5) working days prior to the hearing by 
telephone or electronic mail at the respective contact points listed 
immediately below.
    Registration is not required to attend the roundtable. Seating will 
be available on a first-come, first-served basis. Requests for 
participation as a member of the roundtable are required and should be 
directed (preferably via e-mail) to Marla Poor, Attorney-Advisor, 
Office of Policy and International Affairs, U.S. Copyright Office, 
Library of Congress, [email protected].; (202)707-2694 telephone, (202)707-
8366 fax. Requests for participation as a member

[[Page 20483]]

of the roundtable should indicate the following information:
     The name of the person desiring to participate;
     The organization or organizations represented by that 
person, if any;
     Contact information (address, telephone, and e-mail);
     Information on the specific focus or interest of the 
participant (or his or her organization) and any questions or issues 
the participant would like to raise.
    This request may be sent by e-mail (preferred), by mail, by fax or 
by hand-delivery. If sent by e-mail: requests to participate in the 
roundtable should be sent to Marla Poor at [email protected].
    If delivered by mail: requests to participate in the roundtable 
should be addressed to Marla Poor, Attorney-Advisor, GC/I&R, PO Box 
70400, Southwest Station, Washington, DC, 20024.
    If sent by fax: requests to participate in the roundtable should be 
addressed to Marla Poor at 202-707-8366.
    If delivered by hand: requests to participate in the roundtable 
should be delivered to Marla Poor, Office of Policy and International 
Affairs, Copyright Office, Library of Congress, LM-403, James Madison 
Memorial Building, 101 Independence Avenue, SE., Washington, DC.
    The deadline for receipt of requests to participate in the 
roundtable is 5:00 p.m. on Thursday, May 10, 2001.

FOR FURTHER INFORMATION CONTACT: Marla Poor, Attorney-Advisor, Office 
of Policy and International Affairs, U.S. Copyright Office, Library of 
Congress (202) 707-2694, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The draft Convention would create jurisdictional rules governing 
international lawsuits and provide for recognition and enforcement of 
judgments by the courts of Member States. Member States would be 
required to recognize and enforce judgments covered by the Convention 
if the jurisdiction in the court rendering the judgment is founded on 
one of the bases of jurisdiction required by the Convention.
    Discussions on the draft Convention began in 1992, and various 
meetings have been held since then. The most recent meetings include an 
informal meeting on intellectual property aspects held in Geneva on 
February 1, 2001; a public roundtable sponsored by the Federal Trade 
Commission on dispute resolution for online business-to-consumer 
contracts held in Washington, DC on February 6, 2001; and a week long 
series of informal meetings (with an emphasis on electronic commerce 
and intellectual property) held in Ottawa the week of February 26, 
2001. The Hague Conference posts various documents from these meetings, 
such as summaries of discussions, notes and reports, on its website 
(www.hcch.net).
    The current text of the draft Convention was provisionally adopted 
by the Special Commission on June 18, 1999, and then was revised at a 
meeting held at The Hague from October 25-30, 1999. The current text of 
the draft Convention is available on The Hague Conference website 
(www.hcch.net). The first part of a Diplomatic Conference is planned 
for June 2001, and the second part will be held in 2002.
    On October 17, 2000, the Patent and Trademark Office (PTO) 
published a Federal Register Notice requesting comments on the draft 
Convention. PTO received 27 comments. Specifically PTO was interested 
in assessing support for or opposition to the U.S. effort to negotiate 
the draft Convention as it relates to intellectual property. The public 
was asked for their views generally on the draft Convention and to 
comment on 16 questions that were presented in the Notice.
    The purpose of the Copyright Office roundtable will be to bring 
together various parties, such as representatives from the copyright 
industries, representatives of users of copyrighted works, such as the 
American Library Association, consumer organizations and 
representatives from industries engaged in electronic commerce who are 
interested in the draft Convention. The participants should be prepared 
to identify and discuss more fully the issues and problems associated 
with the draft Convention, and to propose solutions that will aid the 
U.S. delegation to the Hague Conference as it participates in upcoming 
meetings to further the treaty negotiations.
    Specific issues under discussion at the roundtable may include (but 
are not limited to):
     Does the draft Convention affect in any way the 
substantive law that applies to an activity of any party with respect 
to intellectual property?
     If a basis for jurisdiction is determined by where the 
injury occurs, in the context of electronic commerce, will this subject 
a seller to jurisdiction in an unforeseen country? Will there be any 
difference if the seller is an individual or a company?
     With respect to copyright liability issues, how will ISP's 
be implicated under the draft Convention?
     What effect could this Convention have on the enforcement 
of intellectual property rights with respect to the Internet?
     Under the draft Convention, will right holders be able to 
sue U.S. residents in foreign countries for intellectual property 
infringement for activities which are lawful in the United States? Will 
libraries, schools, businesses and individual consumers of information 
resources be required to defend themselves in courts far removed from 
their normal residence?
     In what circumstances will a U.S. court have to enforce a 
judgment of a foreign country's court against the U.S. user of 
intellectual property?
     What effect will the proposed Convention have on the 
ability to ensure consistent and predictable interpretation of 
licensing terms through choice of forum provisions in license 
agreements?
     What will be the practical impact of treaty provisions 
concerning the exercise of jurisdiction premised solely on a 
defendant's presence in the forum?
     How will the draft Convention affect traditional 
contractual freedom for parties to enter into agreements that typically 
designate the choice of jurisdiction and law?
     Will the draft Convention provide a predictable legal 
regime that will facilitate electronic commerce or impede electronic 
commerce? Will the draft Convention disrupt the predictability of 
conducting global business and electronic commerce?

    Dated: April 18, 2001.
Marybeth Peters,
Register of Copyrights, United States Copyright Office.
[FR Doc. 01-10002 Filed 4-20-01; 8:45 am]
BILLING CODE 1410-30-P