IP and applicable law in recent international proposals

report for the International Law Association

Research output: Contribution to journalArticle

Abstract

The report compares applicable law rules to intellectual property (IP) disputes as proposed in the recent international projects(ALI, CLIP, Transparency, Kopila and Joint Japanese-Korean proposals). Namely, it identifies the differences among proposals, reveals the underlying reasons of differing rules, looks at how particular issues have been until now solved at international and national levels, and finally, overviews the main arguments for and against particular solutions suggested in the proposals. This report was presented in the 1st meeting of the Committee on Intellectual Property and Private International Law of the International Law Association (15-17 March 2012, Lisbon) and is expected to contribute to the merge of current international proposals into a single international initiative.
Original languageEnglish
Pages (from-to)263-305
Number of pages43
JournalJournal of Intellectual Property, Information Technology, and Electronic Commerce Law
Volume3
Issue number3
Publication statusPublished - 2012
Externally publishedYes

Keywords

  • intellectual property
  • applicable law
  • conflict of laws
  • lex loci protectionis
  • lex originis
  • inital ownership
  • ubiquitous infringement
  • party autonomy

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