engleski

Conflicts Issues in Infringement of Intellectual Property Rights: From Strict Territoriality to Modest Universality

Within the topic of comparative applicable law/choice of law, the proposed paper would examine the situation de lege lata and de lege ferenda in the field of the law applicable to infringements of intellectual property rights. The principle of the country of protection (Schutzlandprinzips) is becoming generally recognised. According to different interpretations, the application of the law of the country for which the protection is sought is to be attributed to the conclusion of the functional analysis that the strongest connection is with the locus protectionis or to the interpretation that this choice of law rule may be inferred from the national treatment clause contained in the international conventions. The recent EU law, the Rome II Regulation, is the most evident example that confirms this principle. Simultaneously with receiving general recognition, the principle of the country of protection has been challenged by the new developments due primarily to the fast technological advancement. Thus, the traditional concepts of territoriality and independence of national IPRs are more then ever being questioned. Because it poses particular problem when occurring in the multi-state cases or over the Internet, the infringement of IPRs has been a matter of large studies, both in Europe and across the Atlantic. The paper compares the current findings of the projects, and contrasts these findings with the Rome II Regulation.

intellectual property rights; infringement; private international law; conflict of laws

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