Intellectual Property and Private International Law

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

12
Infringement: The Applicable Law
I Introduction595
II How questions as to the applicable law arise596
III The applicable law: the English approach597
1. Introduction597
2. Mandatory rules of the forum598
(a) Mandatory rules in tort cases598
(b) Application in infringement cases599
3. Tort choice of law rules606
(a) Common law rules606
(b) The statutory rules612
4. Defences640
(a) A contractual defence640
(b) Invalidity of the right642
IV Reform643
1. Criticism of the existing law643
2. Alternative solutions from abroad643
3. Reform of the tort choice of law rules644
4. Special rules as to the applicable law in infringement cases644
(a) Independent rules or within the framework of existing rules?645
(b) Policy considerations when deciding upon the rules645
(c) The suggested rules646

I
INTRODUCTION

In this chapter, the law applicable to infringement will be examined. But first, something needs to be said about how questions as to the applicable law arise.

-595-

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