Officina Meccanica Gorlese v. Burgsmüller

Abstract

International law in general — Relation to municipal law — International treaty provisions — Whether doctrine of immediate applicability under municipal law applies only to rules of customary international law or also to treaties — Basic Law of Federal Republic of Germany, Article 25 — Requirement of transformation into municipal law by legislation — Extent to which transformation governed by municipal law or international law — Duty of State to enact municipal law required for enforcement of treaty provisions — Effect of continued application of municipal law contrary to treaty — The law of the Federal Republic of Germany

States as international persons — In general — Recognition of acts of foreign States and governments — Judgment of foreign court Forfeiture of patent rights under foreign law in conflict with international treaty — Forfeiture constituting expropriation without compensation — Whether municipal courts empowered to give effect to such a judgment — The law of the Federal Republic of Germany

Jurisdiction — In general — Territorial — Territorial limits of jurisdiction — Expropriation of property by foreign State — Whether general rule of international law requiring effect of such measure to be limited to territory of State where measure taken — The law of the Federal Republic of Germany

Treaties — Conclusion and operation of — Operation and enforcement — Necessity for municipal legislation — Whether doctrine of immediate applicability under municipal law applies only to rules of customary international law or also to treaties — Basic Law of Federal Republic of Germany, Article 25 — Requirement of transformation into municipal law by legislation — Extent to which transformation governed by municipal constitutional law or international law — Duty of State to enact municipal enabling legislation — Effect of continued application of municipal law contrary to treaty — Paris Convention for the Protection of Industrial Property, 1934, Article 5 — Judgment of foreign court ordering forfeiture of patent rights contrary to Convention — Whether municipal courts empowered to give effect to such judgment — Forfeiture constituting expropriation without compensation — Whether general rule of international law requiring effect of such measure to be limited to territory of State where measure taken — The law of the Federal Republic of Germany