Mr. Hankin, a partner practicing intellectual property law in the Los Angeles Office of Gordon & Rees, LLP and the Chair of the American Bar Association Section of Intellectual Property Law's Committee on the Draft Hague Convention, comments on the Dreyfuss-Ginsburg proposal and its tension with current legal procedural norms and the Draft Hague Convention. Hankin argues that intellectual property law should not be treated differently procedurally from other forms of law and, accordingly, should not be subject to a special convention on procedure. Moreover, Hankin disagrees with the Dreyfuss-Ginsburg proposal's likely exclusion of patent litigation ("hard IP") from its scope. Such an exclusion is unnecessary and would limit the proposal's applicability. The Draft Hague Convention benefits from not distinguishing between "hard" and "soft" intellectual property, and while the Hague Convention still faces many challenges, directing our efforts towards improving it is the best way to address the increasingly complex issues affecting international intellectual property law.
Marc E. Hankin,
Comment: Now That We Know "the Way Forward," Let Us Stay the Course,
Chi.-Kent L. Rev.
Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol77/iss3/8