defendant has engaged in or directed to that State,
- Disclaimer permitted?
- If so, by what means?
- The statement should be contained on the website.
- Written in the language used in the website and in the state disclaimed.
- Request the address of customers before the delivery
- Refuse delivery to customers indicating they are based in the state.
Therefore, I believe disclaimer should be permitted.
The next question is how.
I think it useful for us to look at the project which is currently being made in the WIPO concerning protection of industrial property rights in relation to the use of signs on the Internet.
Article 10 of the current draft stipulates the conditions in order for a disclaimer to be effective.
For example, the statement should be contained on the website. The statement should be written in the language used in the website and in the state disclaimed. The user should request the address of customers before the delivery of the goods or services. And the statement has to say that the user refuses delivery to customers who have indicated that they are based in that state.
Although further study and scrutiny is necessary, I think the way of presenting a disclaimer proposed here basically can be used for consumer contracts, and in other situations such as tort.