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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 5/2023: Abstracts

Conflict of Laws

This article deals with a recent ruling by the Higher Regional Court of Cologne, which marks yet another missed opportunity to clarify whether the Erbschein qualifies as a court decision capable of recognition in foreign jurisdictions. grCCP was beyond the “mission statement” of the drafting Committee.1

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First Issue for Journal of Private International Law for 2023

Conflict of Laws

The first issue for the Journal of Private International Law for 2023 was just published today. These two provisions, already highly controversial in the drafting process, have been criticised as ill-suited to a voluntary process and likely to provoke ancillary dispute.

Laws 40
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No Sunset of Retained EU Conflict of Laws in the UK, but Increased Risk of Sunburn

Conflict of Laws

By Dr Johannes Ungerer , University of Oxford The sunset of retained EU law in the UK has begun: the Retained EU Law (Revocation and Reform) Act 2023 received Royal Assent at the end of June. The Act will revoke many EU laws that have so far been retained in the UK by the end of 2023.

Laws 40
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Enablement, Written Description, and Anticipation: Takeaways from United Therapeutics v. Liquidia

Patently O

by Dennis Crouch The Federal Circuit recently affirmed a district court decision in United Therapeutics Corp. 2022-2217, 2023-1021 (Fed. 2022-2217, 2023-1021 (Fed. Liquidia Technologies, Inc., providing guidance on enablement, written description, and claim construction for method claims. United Therapeutics Corp.

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The Predictability of the Mayo/Alice Framework – A New Empirical Perspective

Patently O

If you’d like to jump ahead to the draft paper itself, here’s a link: [link]. A Historically High Affirmance Rate Our examination of the Federal Circuit’s body of case law on § 101 revealed that from the Federal Circuit’s perspective, the district courts and the PTO are getting the right result nearly every time, boasting an overall 87.2%

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China Adopts Restrictive Theory of Foreign State Immunity

Conflict of Laws

On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the Foreign State Immunity Law of the People’s Republic of China (FSIL) (English translation here ). In two prior posts ( here and here ), I discussed a draft of the FSIL (English translation here ). Written by Bill Dodge , the John D.

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France parliament votes to include right to abortion in constitution

JURIST

The draft law was registered in December 2023 and has been adopted by lawmakers with some amendments. The National Assembly, France’s first house of parliament, approved the draft law in January by a vote of 493-30. France’s parliament voted Monday to include the right to abortion in the Constitution of France.

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