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Part B The Applicable Law, 12 Choice of Law Elements in the Intellectual Property Conventions

From: Intellectual Property and Private International Law (3rd Edition)

Paul L. C. Torremans

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 23 July 2024

Applicable law — Jurisdiction

This chapter discusses the choice of law elements in intellectual property conventions. It highlights how intellectual property rights have been regulated internationally by numerous conventions. However, the conventions do not address the issue straightforwardly, so they do not contain any specific and complete choice of law rules. The chapter then details the qualification rules of the Berne Convention 1886, Rome Convention 1961, Paris Convention for the Protection of Industrial Property 1883, and Agreement on Trade-related Aspects of Intellectual Property Rights. It acknowledges how the identification of the law of the protecting country can cause problems when cooperation agreements concerning the international application, examination, and registration process apply.

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