Tuesday, January 30, 2018

International Disputes over the Intellectual Property Rights(4)

Study on international disputes over the intellectual property rights

Namely, the Korean court decided vividly that even if an intellectual property had been invented in a foreign nation but if a suit should be brought for its infringement or protection in Korea, the Korean law would be applied to the case according to 'lex loci protectionis.' 

The fact that the Korean court applied 'lex loci protectionis' to the case based on Article 24 of Private International Law specifying "Intellectual property rights shall be protected by the law of the nation where they are infringed upon" is interpreted in such a way that 'lex loci protectionis' accepted widely in determining the governing law for the international disputes over the intellectual property rights should be more realistic.


On the other hand, a variety of international efforts are being made to unify the standards for determining the governing law for the international disputes over the intellectual property rights. The model examples of such movements are Berne Convention, Rome Convention, and the like. 


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