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.
Stories about books and articles. Thoughts on Asia, South Korea and Southeast Asia in particular
Showing posts with label Rome Convention. Show all posts
Showing posts with label Rome Convention. Show all posts
Tuesday, January 30, 2018
International Disputes over the Intellectual Property Rights(4)
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.'
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.'
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