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Part II Non-Contractual Obligations Arising Out of Tort/Delict, 8 Intellectual Property

From: The Rome II Regulation: The Law Applicable to Non-Contractual Obligations

Andrew Dickinson

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 01 July 2022

Scope of applicable law — Intangibles as goods — Applicable law and intellectual property — Infringement of IP rights and jurisdiction — Remedies — Applicable law to non-contractual obligations — Scope of the law applicable under the Rome II Regulation
8.01 No specific rule for intellectual property matters was to be found in the Commission’s preliminary draft proposal.2 Art 8(1) of the Commission Proposal, favouring the law of the country for which protection is sought (lex loci protectionis‎), appears to have been inspired by the comments3 on that preliminary draft of the Hamburg Group for Private International Law, a collaboration of German scholars.4 8.02 In this connection, the Commission explained that:5 The general rule contained in Article 3(1)6 does not appear to be compatible with the specific...
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