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oapen-20.500.12657-439702021-01-25T13:50:47Z Intellectual Property in the Global Arena Kono, Toshiyuki Basedow, Jürgen Metzger, Axel Law Intellectual Property General bic Book Industry Communication::L Law::LN Laws of Specific jurisdictions::LNR Intellectual property law The private international law of intellectual property is currently much debated both in Europe and abroad. Art. 8 of the Rome II Regulation of 2007, which codifies a territorial approach for the infringement of intellectual property, has provoked an intensive discussion in Europe as to whether the lex loci protection is still appropriate for intellectual property litigation in the age of worldwide networks. A condensed outcome of this debate is summarized in the »Principles for Conflict of Laws in Intellectual Property« (CLIP Principles) drafted by the European Max Planck Group on Conflict of Laws in Intellectual Property (CLIP), published recently in a second preliminary draft. On the international scale, the American Law Institute's »Intellectual Property: Principles Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes« of 2007 (ALI Principles) are the focal point of the debate. A Japanese project (»Transparency Proposal«) was finalized in 2009. This volume provides a comparative analysis of the three proposals. It compiles papers presented at an international conference held in Tokyo in May 2009. 2020-12-15T14:13:04Z 2020-12-15T14:13:04Z 2010 book 9783161512964 https://library.oapen.org/handle/20.500.12657/43970 eng application/pdf n/a external_content.pdf Mohr Siebeck Mohr Siebeck https://doi.org/10.1628/978-3-16-151296-4 103799 https://doi.org/10.1628/978-3-16-151296-4 773c36f2-8bde-4e8c-8b8d-7fab7b2879fe b818ba9d-2dd9-4fd7-a364-7f305aef7ee9 9783161512964 Knowledge Unlatched (KU) Mohr Siebeck Knowledge Unlatched open access
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The private international law of intellectual property is currently much debated both in Europe and abroad. Art. 8 of the Rome II Regulation of 2007, which codifies a territorial approach for the infringement of intellectual property, has provoked an intensive discussion in Europe as to whether the lex loci protection is still appropriate for intellectual property litigation in the age of worldwide networks. A condensed outcome of this debate is summarized in the »Principles for Conflict of Laws in Intellectual Property« (CLIP Principles) drafted by the European Max Planck Group on Conflict of Laws in Intellectual Property (CLIP), published recently in a second preliminary draft. On the international scale, the American Law Institute's »Intellectual Property: Principles Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes« of 2007 (ALI Principles) are the focal point of the debate. A Japanese project (»Transparency Proposal«) was finalized in 2009.
This volume provides a comparative analysis of the three proposals. It compiles papers presented at an international conference held in Tokyo in May 2009.
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