Japan's move to preserve geographical brands(2)

Japan’s move to preserve geographical brands in China and its implication to Korea

Troubles are widely found in both private and public sectors. Especially, cases regarding the intellectual property rights are often being heard recently. This is no wonder in a time when the significance of the intangible assets is getting unprecedentedly highlighted as a key source of national competitiveness. 

For example, a company files a suit against its rivals in neighboring countries in charge of severe copyright infringement. A governmental agency is also embarrassed to catch its publications have been openly used in another country without legitimate process of offer and acceptance.

International Disputes over the Intellectual Property Rights(1)

Study on 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.

Governing Law in Von Dutch Case(3)

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

Such a trend is well reflected in 'Von Dutch' case. When the US designer died, companies of various nations attempted to take over his intellectual property right to use it for their trademarks. 

In this 'Von Dutch' case, the Korean court made it clear that it had applied 'lex loci protectionis' to the case according to territorialitatsprinzip. 

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.

Governing Law in Von Dutch Case(2)

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

When territorialitatsprinzip is reviewed, the focus of discussion may well be shifted to the governing law; which nation's law should be applied to the disputes over the international transactions? 

Upon considering such principles for determining the governing law as 'lex loci protectionis,' 'lex loci origins' and 'lex fori,' it could be confirmed that 'lex loci protectionis' is being established as a primary principle. 

Despite the criticism that it does not properly reflect the changing international environment, 'lex loci protectionis' has provided for some important standards for resolution of the international disputes over the intellectual property rights. 

Accordingly, even though it is deemed necessary to introduce some concepts of 'lex loci origins' in order to interpret 'lex loci protectionis' anew, significance of 'lex loci protectionis' related to the governing law is expected to be highlighted continuously afterwards.

Japan's move to protect geographical brands(6)

Japan’s move to protect geographical brands in China and its implication to Korea

In doing so, I can clearly recognize the beginning and developments of the various disputes. This on-site coverage will also give me better understanding of Japanese government’s subsequent actions to protect its geographical brands in China.

Secondly, I’ve been arranging meetings with officials at Japanese government and governmental agencies to apprehend the background of guideline issuance. Interviews with professionals at the international affairs division of the JPO and JETRO(Japan External Trade Organization) will allow me to draw an overall picture of the past, present and future of Japanese government’s stance on this controversial issue. 

In this regard, interviews with experts at reputable private organizations and universities including Japan Intellectual Property Association, Intellectual Property Management Center of Kyushu University and Office of Intellectual Property of Waseda University will broaden my horizon by supplying thoughtful views. 

On the similar context, books and magazines will be valuably utilized for the purpose of a preparatory research.