The private international law of intellectual property is currently much debated both in Europe and abroad. This volume provides a comparative analysis of three major research projects from the United States, Europe and Japan covering jurisdiction, applicable law, and enforcement of foreign judgements.
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.
Table of contents:
Part 1 FoundationsJürgen Basedow: Foundations of Private International Law in Intellectual Property -
François Dessemontet: The ALI Principles: Intellectual Property in Transborder Litigation -
Paulius Jurčys and
Simon Vande Walle: Summary of Discussion on Foundations
Part 2 JurisdictionChristian Heinze: A Framework for International Enforcement of Territorial Rights: The CLIP Principles on Jurisdiction -
Shigeki Chaen, Toshiyuki Kono and
Dai Yokomizo: Jurisdiction in Intellectual Property Cases: The Transparency Proposal -
Paulius Jurcys, Yuko Nishitani and
Simon Vande Walle: Summary of Comments and Discussion on International Jurisdiction
Part 3 Applicable LawAxel Metzger: Applicable Law under the CLIP Principles: A Pragmatic Revaluation of Territoriality -
Ryu Kojima, Ryo Shimanami and
Mari Nagata: Applicable Law to Exploitation of Intellectual Property Rights in the Transparency Proposal -
Paulius Jurčys and
Simon Vande Walle: Summary of Comments and Discussion on Applicable Law
Part 4 Recognition and EnforcementPedro A. de Miguel Asensio: Recognition and Enforcement of Judgments in Intellectual Property Litigation: The CLIP Principles -
Toshiyuki Kono, Nozomi Tada and
Miho Shin: Recognition and Enforcement of Foreign Judgments Relating to IP Rights and Unfair Competition -
Paulius Jurčys and
Simon Vande Walle: Summary of Comments and Discussion on Recognition and Enforcement
AnnexAnnex I: Intellectual Property: Principles Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes
Annex II: Principles for Conflict of Laws in Intellectual Property
Annex III: Transparency Proposal on Jurisdiction, Choice of Law, Recognition and Enforcement of Foreign Judgments in Intellectual Property
