Some of the property rights, the right is so to speak embodying in securities, the exercise of rights is made by the securities as a general rule,
In particular the transfer, there are those that can not be separated from the stock.
These property rights is called the securities securities to table chapter, securities, depending on the contents of the right to the table chapter,
Debt securities, real rights securities, are classified as employees rights securities.
Debt securities
Typical of debt securities, referred to as the securities the OmoteAkira securities receivables for the purpose of monetary benefits of a certain amount of money,
Securities, depending on the contents of the right to the table chapter, debt securities, real rights securities, are classified as employees rights securities.
Real rights securities
Those real rights representative of the securities, bills to table chapter for the purpose of monetary benefits of a certain amount of money, check, and such as bondholders,
Bill of lading to the table chapter the right to claim the delivery of the goods, cargo vouchers, there is a such as warehouse securities.
Employee rights securities
Representatives of the employees rights securities, a stock certificate.
Securities as object of international trade
Of the securities, those that are often reality to use as the object of international trade, a bill of lading and the share certificates.
Bills and checks, rather than the object of international trade, as a means of payment associated with international trade,
it is usually to be used. (Excerpt from the international trading Buddhist theory)
Then try to explain about the transfer of the bill of lading.
Transfer of the bill of lading
Transfer of the bill of lading
In relation to the transfer of share certificates, when the transfer potential of the share certificates, the establishment and the potency of the transfer becomes a problem,
The determination of the applicable law as the criterion is required.
(1) Japan
For personal property, laws and regulations, but Article 10 is present, from its special properties for the share certificates, not included in the personal property,
Therefore, for the share certificates of the applicable law, there is no rules of name statement in private international law, it must be accompanied by Jori.
(2) New York
Establishment and the governing law of the efficacy of the acquisition of share certificates, due to the company's established governing law is a dependent method of the company.
(3) London
Transferable as well as establishment and governing law of the efficacy of the transfer of share certificates of share certificates,
due to the company's established governing law is a dependent method of the company. (Excerpt from the international trading Buddhist theory)
Intellectual property rights / intellectual property rights
Intellectual property rights in international trade
As object of international trade, along with real rights and creditors is a traditional object, after the Second World War
As an increased importance, intellectual property rights, and the like.
The intellectual property rights becomes the object of international trade is, if the intellectual property itself is the subject of which is assigned transfer agreement,
Because of the property rights use, it is a case that is the subject of the Agreement. However, now these contracts and (cause act) and the target
The transfer act or right to use the act of intellectual property rights can be distinguished, must be considered separately.
Here is the intellectual property transfer act and use right setting act of examination of the subject, for the cause act serving as contract,
To consider in the international trade agreement. (Excerpt from the international trading Buddhist theory)
Intellectual property rights = intellectual property rights
Intellectual property rights, the rights of the subject, work, invention, mental product of creative activity of human beings, such as design,
From where is the value of media products, such as recognition label, referred to as intellectual property rights.
Also referred to as intellectual property rights from the fact that the process of forming its value is primarily derived from the human intelligence.
(Excerpt from the international trading Buddhist theory)
Intellectual property rights = copyright industrial property rights
Intellectual property rights is a general term, specifically in response to the object, the copyrighted work is the object and the copyright, the other thing
It is bisected and industrial property rights. Industrial property rights, patent rights for an invention,
design rights for the design, for the trademark is subdivided and trademark rights. (Excerpt from the international trading Buddhist theory)
nextFor intellectual property rights of the governing law, trying to explain.
Governing Law of intellectual property rights
Per what value it recognized the establishment of intellectual property rights, or to grant any validity to its intellectual property rights, also,
What to do with the acquisition and loss requirements of intellectual property rights, for by the law of each country, every intangible property rights as object of international trade
Establishment and its potency right, or if the acquisition or loss is a problem, as the reference for the decision
It is necessary to the determination of the applicable law
(1) Japan
For intellectual property rights, there is no provision expressly provided in private international law, it must be accompanied by Jori.
Understanding of this Jori is, confrontation, such as the following view can be seen.
Grant national law Social Orientation:
Intellectual property rights and taking into account the characteristics that are often intended to be granted by the State,
the establishment of intellectual property rights, the efficacy, the disappearance,
Grant country or registration laws are reasonable.
Protection laws Social Orientation:
Problem with going on intellectual property rights per seek protection are being country, in other words it is reasonable by protecting countries method.
As problems, court cases can not be found discussed the governing law of intellectual property rights in Japan, opinion of the court is not clear.
(2) New York
By grant national law principle.
US federal court is also the case that the judge per copyright of applicable law.
(3) London
By grant national law principle. (Excerpt from the international trading Buddhist theory)
Next, a description will be given of legal issues related to practical international trade agreement.
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