Governing Law in International Intellectual Property Claims

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ADEL MORTEZA

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Journal Paper

Paper Information

Journal: INTERNATIONAL LAW REVIEW Year:2019 | Volume:- | Issue:59 Page(s): 343-372

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Information Journal Paper

Title

Governing Law in International Intellectual Property Claims

Author(s)

ADEL MORTEZA | Issue Writer Certificate

Keywords

Intellectual Property RightsQ2

Conflict of LawsQ2

Governing LawQ1

Private International LawQ2

Breach of RightQ1

NationalityQ2

DomicileQ1

Abstract

In every international claim, the Governing Law needs to be determined. To determine the Governing Law, special methods are usually used which become more important and complicated in the Private International Law. Intellectual property claims are not exempt from this procedure. However, in these claims, it is impossible to merely use conventional Conflict of Laws rules on properties to determine the Governing Law. Intellectual Property (IP) rights are considered as intangible property and for having such characteristics, it becomes more difficult to determine the Governing Laws in these claims. Creation of rights, transfer of rights, Breach of Rights and protection of rights in the IP law needs special rules for determining the Governing Law. In this research, it will be shown that along with the conventional rules of determining the Governing Laws in property claims, thereare other specific rules such as the lex originis, lex delictis, the national law of the creator and other laws that can be used in these cases, and it needs more expertise and knowledge of these rules to settle these cases.

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APA: Copy

ADEL, MORTEZA. (2019). Governing Law in International Intellectual Property Claims. INTERNATIONAL LAW REVIEW, -(59 ), 343-372. SID. https://sid.ir/paper/391279/en

Vancouver: Copy

ADEL MORTEZA. Governing Law in International Intellectual Property Claims. INTERNATIONAL LAW REVIEW[Internet]. 2019;-(59 ):343-372. Available from: https://sid.ir/paper/391279/en

IEEE: Copy

MORTEZA ADEL, “Governing Law in International Intellectual Property Claims,” INTERNATIONAL LAW REVIEW, vol. -, no. 59 , pp. 343–372, 2019, [Online]. Available: https://sid.ir/paper/391279/en

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