🚀 go-pugleaf

In article <1827990.jeqsi8ECNM@ID-187157.news.dfncis.de>,
Tristan Miller  <psychonaut@nothingisreal.com> wrote:
>In article <bvh9dj$2rdf$1@toad.stack.nl>, Arnoud Galactus Engelfriet wrote:
>> It does not seem that this treaty has direct effect; that is,
>> I do not see how anyone could sue based on the provisions of
>> the treaty. Normally you sue under national law, and the states
>> must have brought their national law into conformity with the
>> treaty (or the Directives).
>
>Right; so even though Spain is affected by the WIPO treaty, it doesn't make
>sense to cite a particular act as a violation of said treaty, since the
>implementation details are left to national legislation.

That would seem to be correct. If the legislation in Spain has
not yet brought its law into conformity with this treaty, there
is very little you can do.

The only exception is the Berne Convention, which provides that
foreigners may diretly invoke its provisions in a signatory country 
where the law doesn't match the Convention. However this does
not apply to the USA.

Arnoud

-- 
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/