Intellectual Property and Private International Law

By James J. Fawcett; Paul Torremans | Go to book overview

General Editor's Preface

When in 1990 in the course of a critical commentary upon the holding in Tyburn Production Ltd v Conan Doyle [ 1991] Ch. 75 I advocated 'the construction of a much needed private international law of intellectual property' (61 B.Y.I.L. 202), I was, of course, advocating satisfaction of an obvious need. In the years that have elapsed since then, although some, albeit piecemeal, progress has been made, that need has become even more pressing. This has largely been as a result of advances in technology, both actual and prospective.

Historically the impact of private international law upon intellectual property issues was slight. This may have been in part due to the 'territorial' approach adopted by private international lawyers. The physical location of non-physical phenomena presented difficulty. Even in the immediate post-Beale era response to the criteria of 'closest connection', 'proper law', 'governmental interest analysis', etc., has not been free from difficulty.

However, whatever the explanation of the past failure of private international law to meet the need to accommodate problems in the area of intellectual property, that need is compelling. What is required is a comprehensive pattern of legal rules individually tailored to deal appropriately with a wide and diverse variety of issues. Whether this is to be satisfactorily achieved by statutory intervention alone is, especially in the light of the likelihood of continuing and fairly rapid development, doubtful. There is certainly room for creative judicial activity, which is now facilitated by the currently emerging flexible and justice orientated approach to private international law generally. Moreover, legal writing obviously has an important part to play in the achievement of the objective. The avowed aim of Oxford Monographs in Private International Law is to publish works of originality and quality on a number of important and developing areas of private international law. I think that both practitioners and academics will regard this volume as not only providing a detailed and illuminating analysis of the present position but as also constituting a major contribution to the long overdue evolution of a comprehensive and sophisticated private international law of intellectual property.

Wadham College, Oxford P. B. CARTER 1 May, 1998

-v-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
Intellectual Property and Private International Law
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 766

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.