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Part B The Applicable Law, 14 Contracts in Relation to the Exploitation 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

Applicable law — Jurisdiction

This chapter covers contracts in relation to the exploitation of intellectual property rights in correlation with the applicable law. These contracts take various forms like licences, assignments, distribution contracts, and technology agreements that involve more than a simple transfer of intellectual property rights. Regardless of the type of contract, any transfer can be subjected to restrictions of time and scope, so it is submitted that the transfer is the essential point. The chapter elaborates on contractual issues disguised from other issues such as industrial property rights and copyright. It then details the application of the Rome Convention 1980 and Rome I Regulation.

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