Friday, July 28, 2017

Governing Law in Von Dutch Case(1)

Study on 'Territorialitatsprinzip' and 'Lex Loci Protectionis' in the International Disputes over the Intellectual Property Rights

As the wave of a global community is stronger, the international disputes over the intellectual property rights are increasing rapidly in the international society. 

Furthermore, the rapid development of communication means not limited by time and space as internet together with more convenient transportations serves to increase the international disputes over the intellectual property rights necessarily.


In such circumstances, this study focused on 'territorialitatsprinzip' and 'lex loci protectionis' both applied to the multi-national disputes over the intellectual property rights. The former principle mainly applied to determine the jurisdiction of the criminal cases has played a great role in solving the international disputes over the intellectual property rights. 

Acts and judicial precedents of nations and the international trends show us well how  'territorialitatsprinzip' has been applied to the international disputes over the intellectual property rights.

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