Study on international disputes over the intellectual property rights
Acts and judicial precedents of nations and the international trends show us well how 'territorialitatsprinzip' has been applied to 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.
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.
