Intellectual Property and Private International Law

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

11
Contracts in Relation to the Exploitation of Intellectual Property Rights: The Applicable Law
I.
I Introduction543
II.
II Contractual issues distinguished from other issues545
1.
1. Industrial property rights545
a.
(a) Issues relating to the right545
b.
(b) Contractual aspects of the transfer546
c.
(c) Restrictions for transfer of technology agreements547
d.
(d) Formalities547
2.
2. Copyright547
III.
III How questions as to the applicable law arise549
IV.
IV The Rome Convention on the Law Applicable to Contractual Obligations551
1.
1. When does the Rome Convention 1980 apply?551
2.
2. The applicable law552
a.
(a) The law is chosen by the parties552
b.
(b) The applicable law in the absence of choice554
3.
3. Limitations on the applicable law577
a.
(a) Mandatory rules577
b.
(b) Mandatory rules: summary587
c.
(c) Public policy/ordre public587
4.
4. A particular issue: formal validity588
5.
5. Alternative approaches590
V.
V Conclusion591

I
INTRODUCTION

In this chapter, we are concerned with contracts in relation to the exploitation of intellectual property rights. These contracts take various forms,1 such as, for example, licences and assignments, on the one hand, and more

____________________
1
See above, chapter 3, at p 74.

-543-

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