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Part B The Applicable Law, 15 Infringement: 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: 14 July 2024

Applicable law — Jurisdiction

This chapter tackles the applicable law surrounding infringement. It starts with how the establishment of the Rome II Regulation simplified matters dealing with the choice of law for the infringement of intellectual property rights. The Rome II Regulation has a broad scope, which includes a new set of choice of law rules for non-contractual obligations that apply to all cases. The chapter also looks into the questions that arise in infringement cases and applicable law, which references the principle of territoriality. It covers the non-contractual obligations concerning intellectual properties where there is a contractual defence while referencing the Rome II Regulation.

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