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Part A Jurisdiction, 3 Contracts in Relation to the Exploitation of Intellectual Property Rights: Jurisdiction

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 explores the jurisdiction provisions of contracts concerning the exploitation of intellectual property rights. A contract for the exploitation of the intellectual property right is concluded between the owner of the right and the party that will exploit the right. The most common forms of exploitation of intellectual property rights are licences and assignments. Jurisdictional problems can arise fairly easily because the majority of licences and assignments are concluded between licensors and assignors in one country and licensees and assignees in another country. The chapter considers how the exploitation of intellectual property rights can give rise to more complicated contractual patterns.

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