Intellectual Property and Private International Law

Ed. by Stefan Leible and Ansgar Ohly

The relationship between intellectual property law and private international law has not always been an easy one. To many intellectual property lawyers, private international law seems like an esoteric and complicated field of law with many potential pitfalls. Hence there is a tendency to look for simple, straightforward rules such as the principle of territoriality and the lex loci protectionis rule and to solve more complex issues such as the collision of signs on the internet within substantive law. Private international lawyers, on the other hand, resent the territorial segmentation which results from the application of both principles. The fact that both fields of law are specialist matters, difficult to penetrate for outsiders, has complicated the discourse between both legal disciplines. Nevertheless there is a growing awareness that choice of law issues in this field really matter. The importance of intellectual property rights in a knowledge-based economy is increasing steadily. At the same time, the traditional principles governing the choice of law in intellectual property disputes have come under challenge in a globalized world dominated by internet communication. Eminent American und European scholars of both fields discussed different topics concerning the relationship between intellectual property law and private international law at the Bayreuth Conference "Intellectual Property and Private International Law" (4/5 April 2008). This volume comprises the papers which were presented.

Survey of contents:

Annette Kur: Are there any Common European Principles of Private International Law with regard to Intellectual Property? - Rochelle Dreyfuss by Frank Beckstein: The American Law Institute Project on Intellectual Property: Principles Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes - Peter Mankowski: Contracts Relating to Intellectual or Industrial Property Rights under the Rome I Regulation - Haimo Schack: The Law Applicable to (Unregistered) IP Rights: After Rome II - Matthias Leistner: The Law Applicable to Non-Contractual Obligations Arising from an Infringement of National or Community IP Rights - Graeme B. Dinwoodie: Extra-Territorial Application of IP Law: A View from America - Pedro A. de Miguel Asensio: The Private International Law of Intellectual Property and of Unfair Commercial Practices: Convergence or Divergence? - Paul L.C. Torremans: The Way Forward for Cross-Border Intellectual Property Litigation: Why GAT Cannot Be the Answer - Markus Norrgård: A Spider Without a Web? Multiple Defendants in IP Litigation - Stefan Luginbühl: The Future of Centralised Patent Litigation in Europe: Between the EPLA and the EU Patent Judiciary - Axel Metzger: Jurisdiction in Cases Concerning Intellectual Property Infringements on the Internet. Brussels-I-Regulation, ALI-Principles and Max-Planck-Proposals