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Part B The Applicable Law, 13 Creation, Scope, and Termination of Intellectual Property Rights: The Applicable Law

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

Subject(s):
Applicable law — Jurisdiction

This chapter looks into the creation, scope, and termination of intellectual property rights in correlation with the applicable law. It clarifies that conventions do not provide a complete conflict of laws rule to address all issues. Thus, national treatment means foreign works, inventions, or marks can rely on the domestic intellectual property laws of the country where protection is sought. The chapter explains how negative rights are mainly relevant and mainly raise choice of law issues at the infringement stage. It then details how choice of law problems arise in multiple ways such as international exploitation of inventions and copyright works.

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