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The relationship between intellectual property and private international law is a fascinating and multi-faceted one. Both fields are inherently international, but it is the exponential increase in conflicts involving trans-border elements, in a world characterised by global trade and borderless communication structures, that has, in modern times, drawn the two disciplines close. The essays contained in this book, first presented at a Symposium in Munich, set out possible visions for a future system of international and regional jurisdiction and applicable law that is better adapted to the increasingly supranational character of IP rights. A second feature of the book is its treatment of ''harmonisation'' of choice-of-law issues. Framed by these two elements - international jurisdiction on the one hand and perspectives for harmonised choice of law rules in an international context on the other - specific European themes are also addressed; jurisdiction, the establishment of a European judiciary in the patent field, the relationship between regional (European) systems and an international jurisdiction convention, and the recent proposal for a Regulation on applicable law in non-contractual relationships (Rome II).>
Table des matières
Part One: Jurisdiction
I. The Proposed Hague Convention
The Hague Conference Project for a Global Convention on Jurisdiction, Recognition and Enforcement in Civil and Commercial Matters: An Update
Andrea Schulz
II. The MPI Proposal
Jurisdiction and Enforcement of Foreign Judgments - The General Structure of the MPI Proposal
Annette Kur
Provisional Measures and Multiple Defendants in the MPI Proposal
Marcus Norrgård
Contractual Jurisdiction Clauses and Intellectual Property
Alexander Peukert
III. Current Developments in Patent Law
The EPLA Project and the Forthcoming Community Patent System - A Model for IP in General?
Jan Willems
The Relationship Between Regional (Patent) Judiciary Systems in Europe and International Conventions - Smooth Coexistence or Confusion?
Stefan Luginbuehl
Part Two: Choice of Law
I. General Principles
Choice of Law and Intellectual Property
Richard Fentiman
II. European Issues
The Proposed Rome II Regulation: European Choice of Law in the Field of Intellectual Property
Josef Drexl
Comments: The Rome II Regulation Proposal and its Relation to the European Country-of-Origin Principle
Matthias Leistner
Choice-of-Law Rules in the EU - Special Issues with Respect to Community Rights - Infringement of Community Trade Marks and Applicable Law
Eike Schaper
Community Rights & Conflict of Laws: Community Trademark, Community Design, Community Patent - Applicable Law for Claims of Damages
Axel Metzger
III. International Issues
Recent Judgments in Japan on Intellectual Property Rights Conflict of Laws and International Jurisdiction
Toshiyuki Kono
Choice of Law in the Digital Environment - Problems and Possible Solutions
Ansgar Ohly
The Joint Recommendation Concerning Protection of Marks, and Other Industrial Property Rights in Signs, on the Internet
Johannes Christian Wichard
Who Decides on the Colours of Films on the Internet? Drafting of Choice-of-Law Rules for the Determination of Initial Ownership of Film Works vis-à-vis Global Acts of Exploitation on the Internet
Dorothee Thum
Alternatives to the lex protectionis as the Choice-of-Law Rule for Initial Ownership of Copyright
Mireille van Eechoud
A propos de l'auteur
Dr Josef Drexl is a Director of the Max Planck Institute for Intellectual Property and Competition Law in Munich.Professor Kur is section head for Scandinavian countries at the Max Planck Institute for Intellectual Property and Competition Law, Munich.
Photograph © the Max Planck Institute for Innovation and Competition.
