Intellectual Property and Private International Law: Heading for the Future

(Paperback)

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The relationship between intellectual property and private international law is a fascinating and multi-faceted one. Both fields are inherently international, but it is the exponential increase in conflicts involving trans-border elements, in a world characterised by global trade and borderless communication structures, that has, in modern times, drawn the two disciplines close. The essays contained in this book, first presented at a Symposium in Munich, set out possible visions for a future system of international and regional jurisdiction and applicable law that is better adapted to the increasingly supranational character of IP rights. A second feature of the book is its treatment of harmonisation of choice-of-law issues. Framed by these two elements - international jurisdiction on the one hand and perspectives for harmonised choice of law rules in an international context on the other - specific European themes are also addressed; jurisdiction, the establishment of a European judiciary in the patent field, the relationship between regional (European) systems and an international jurisdiction convention, and the recent proposal for a Regulation on applicable law in non-contractual relationships (Rome II).

Reviews

The strength of the book is its comprehensive coverage. Both jurisdiction and choice of law are addressed in all their aspectsWhat is on offer is also a very thorough reflection on the fundamental issues involved and on all potential solutions. Achieving that in a comprehensive manner for the whole field concerned is the real merit of this book and its contributors. -- Professor Paul L. C. Torremans * European Intellectual Property Review, Vol 28, Issue 5 *
provides valuable insights and perspectivesThe text, in its focus on intellectual property and private international law, is highly relevant and worth acquiring due to the proliferation of transborder disputesThe compendium serves as a valuable resource for continued study.the achievement of this publication is clear, in providing a substative analytical compendium of papers. -- Laurence Seidenberg * www.globallawbooks.org *

Author Bio

Dr Josef Drexl is a Director of the Max Planck Institute for Intellectual Property and Competition Law in Munich. Professor Kur is section head for Scandinavian countries at the Max Planck Institute for Intellectual Property and Competition Law, Munich.