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Intellectual Property and Private International Law

By: James J. Fawcett; Paul Torremans | Book details

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Page 484
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V Contents and trade marks517
1. The registration system517
2. The law of the protecting country518
(a) No clear answers in the case law519
(b) To which issues is the law of the protecting country applied?520
3. Ownership of rights522
(a) Trade marks522
(b) Patents522
VI Other intellectual property rights525
1. Widening the categories525
2. Tortious protection of intellectual property rights525
(a) Goodwill526
(b) Business reputation526
(c) Goodwill and reputation527
3. Breach of confidence527
4. The sui generis right in relation to databases528
VII Rights created by international Conventions529
1. The Patent Co-operation Treaty530
2. The European Patent Convention530
VIII Community rights532
1. The Community Trade Mark532
(a) Article 14532
(b) Title X532
(c) Substantive rules in the Regulation533
(d) National law provisions534
2. The Community Patent535
3. The Community Design Right535
4. The Community Plant Variety Right537
IX Conclusions and alternative approaches538

I
INTRODUCTION

The international intellectual property Conventions are mainly and almost exclusively concerned with the creation of the various intellectual property rights, the scope and content of these rights and their termina- tion. We will now have to consider what effect the private international law related provisions of these Conventions, which we analysed in the previous chapter, have in this area. It needs to be emphasised once more, though, that the choice of law rules in the Conventions are not compre

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