Infringement and Exclusive Jurisdiction in Intellectual Property: a Comparison for the International Law Association

The following comparison was written for the first meeting of the International Law Association newly established (2010) Committee on Intellectual Property and Private International Law (Chair: Professor Toshiyuki Kono, Kyushu University; Co-Rapporteurs: Professors Pedro de Miguel Asensio, Madrid Complutense University, and Axel Metzger, Hannover University) (hereinafter: ILA Committee), which was hosted at the Faculty of Law of the University of Lisbon in March 16-17, 2012. The comparison at stake concerns the rules on infringement and exclusive (subject-mater) jurisdiction posed (or rejected, in case of exclusive jurisdiction) by four sets of academic principles. Notwithstanding the fact that the rules in question present several differences, those differences in the majority of cases could be overcome by further studies and work of the ILA Committee, as the following comparison explains.

Introduction: A brief journey through the 80 year history of the International Association of Schools of Social Work

The leaders of the International Association of Schools of Social Work (IASSW) have played major roles in shaping the organization over its 80 year history. This brief introduction will put their roles in the context of the organization’s history. While influenced by its presidents in significant ways, the organization’s trajectory has also been affected by the political, economic and social developments of the 20th century and the beginning of the 21st. Significant changes have occurred in the organization and in social work education, yet, as Feustel (2006) observed, “the history of the IASSW demonstrates lines of continuity that are even more remarkable for the fact that it was caught up in the great historical ruptures of the 20th century” (p. 3).

International social work education at the crossroads

Social work has been a player in the international arena since 1928 when the International Association of Schools of Social Work (IASSW) was founded alongside its sister organisations, the International Federation of Social Workers (IFSW) and the International Council for Social Welfare (ICSW). These divided their remit into education, practice and policy respectively. Their development has been an interesting one, but the details of it need not detain us here. I only want to lay aside the argument that having an interest in the international domain is a new phenomenon in social work. At the same time, I want to emphasise how impressive it is that a profession that has been so tied into modernity, linked to the modern nation-state (Lorenz, 1994) and rooted in local legislation and traditions has such a long-standing history of involvements that have crossed borders to promote understanding and knowledge-building. In these encounters, social work educators and practitioners have engaged with others who were different from them while struggling to make their interactions egalitarian and respectful ones.