A Comparison of the ALI and CLIP Proposals
Chapter 4: Introduction to the ALI and CLIP Proposals
4. Introduction to the ALI and CLIP Proposals The ALI Principles and CLIP Proposal are non-legislative initiatives in the field of intellectual property and international private law. They have similarities and differences in regard to institutional framework, development, legal status, goal, scope, and general structure. A. INSTITUTIONAL FRAMEWORK Both Proposals have been developed in the framework of non-governmental establishments in the USA and the EU. The ALI Principles were adopted by the American Law Institute (ALI), which was founded in 1923 by a group of American judges, lawyers, and teachers who sought to address the uncertain and complex nature of early twentiethcentury American law. Since then, the ALI has promulgated numerous Restatements of the Law, which constitute one of the main tasks of the ALI, and the purpose of which is ‘to address uncertainty in the law through a restatement of basic legal subjects that would tell judges and lawyers what the law was’.1 The CLIP Proposal was developed with the support of the Max Planck Society, a research establishment in different fields of science in Germany.2 The European Max-Planck Group on Conflict of Laws in Intellectual Property (CLIP Group) was established in 2004, with the support of the Max Planck Society, as a platform for international scholars to discuss issues regarding intellectual property and international private law, and to draft a set of principles for conflicts of law and intellectual property, as well as provide independent advice for European and national lawmakers.3 Moreover, neither Proposals For more about the...
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