Showing posts with label Max Planck Institute. Show all posts
Showing posts with label Max Planck Institute. Show all posts

Thursday, February 1, 2018

International Disputes over the Intellectual Property Rights(5)

Study on international disputes over the intellectual property rights

WIPO, Max Planck Institute in Germany and American Law Institute have also drafted international conventions regarding the governing law. These attempts are common in that they suggest 'lex loci protectionis' as principle for resolution of the international disputes over the intellectual property rights according to 'territorialitatsprinzip.' 

Indeed, it is difficult to solve the innumerable international disputes over the intellectual property rights arising simultaneously, while national interests conflict with each other due to different political, economic and cultural policies. Thus, unified global standards for the governing law have a long way to go.


Nevertheless, efforts should continue to be made to establish an international law and order for effective resolution of the international disputes over the intellectual property rights. Of course, Korea or the IT power envied by the world is obliged to be more concerned about the legal infra befitting her status in the international community.

Thursday, August 3, 2017

Governing Law in Von Dutch Case(4)

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

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. WIPO, Max Planck Institute in Germany and American Law Institute have also drafted international conventions regarding the governing law. 


These attempts are common in that they suggest 'lex loci protectionis' as principle for resolution of the international disputes over the intellectual property rights according to 'territorialitatsprinzip.'