Intellectual Property and Private International Law

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

9
Choice of Law Elements in the Intellectual Property Conventions
I Introduction460
1. How do choice of law issues arise?460
2. Why look at international Conventions?460
3. No straightforward answers in the Conventions461
II The Berne Convention 1886462
1. Qualification rules462
(a) The scope of the Convention462
(b) How choice of law problems arise465
2. Which law applies to qualifying works? 466
(a) Does the qualification rule include a choice of law?466
(b) Determination of the applicable law467
3. National treatment468
4. Restrictions on the application of the law of the protecting country469
(a) A role for the law of the country of origin469
(b) Minimum protection granted by substantive rules471
5. An alternative interpretation472
(a) Bilateralisation of the unilateral conflict rules472
(b) A restrictive interpretation of Article 5(2)?473
III The Rome Convention 1961476
1. Qualification476
2. National treatment and the law of the protecting country476
IV Paris Convention for the protection of industrial property 1883477
1. National treatment477
2. The law of the protecting country477
V International co-operation agreements479
VI Supra-national intellectual property rights479
VII The TRIPs Agreement480
National treatment480

-459-

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