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