|V Contents and trade marks||517|
|1. The registration system||517|
|2. The law of the protecting country||518|
|(a) No clear answers in the case law||519|
|(b) To which issues is the law of the protecting country applied?||520|
|3. Ownership of rights||522|
|VI Other intellectual property rights||525|
|1. Widening the categories||525|
|2. Tortious protection of intellectual property rights||525|
|(b) Business reputation||526|
|(c) Goodwill and reputation||527|
|3. Breach of confidence||527|
|4. The sui generis right in relation to databases||528|
|VII Rights created by international Conventions||529|
|1. The Patent Co-operation Treaty||530|
|2. The European Patent Convention||530|
|1. The Community Trade Mark||532|
|(c) Substantive rules in the Regulation||533|
|(d) National law provisions||534|
|2. The Community Patent||535|
|3. The Community Design Right||535|
|4. The Community Plant Variety Right||537|
|IX Conclusions and alternative approaches||538|
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
Questia, a part of Gale, Cengage Learning. www.questia.com
Book title: Intellectual Property and Private International Law.
Contributors: James J. Fawcett - Author, Paul Torremans - Author.
Publisher: Oxford University Press.
Place of publication: Oxford.
Publication year: 1998.
Page number: 484.
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