Zásada teritoriality práv k duševnímu vlastnictví ve vztazích s mezinárodním prvkem – je načase ji opustit?
| Title in English | The Principle of Territoriality of Intellectual Property Rights in Relations with an International Element - Is It Time to Let It Go? |
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| Authors | |
| Year of publication | 2013 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
| Description | The principle of territoriality of intellectual property rights is in private international law reflected also in the process of determining the competent authority, and also in the process of determining the applicable law. In the first mentioned process the principle is reflected in the premise, that the court of the country, which protects the concerned intellectual property right, is the one to have jurisdiction. In the latter mentioned process the principle is reflected in the premise, that such a court should always decide according to the lex loci protectionis. However, insistence on such original conception of the principle of territoriality of intellectual property rights at the time of the ever increasing number of international relations in the area in question, while these relations usually tend to affect multiple jurisdictions, especially on the internet, may already seem unbearable. This paper thus deals with the assessment of sustainability of the existing conception of the principle of territoriality of intellectual property rights with regard to possible adaptation of this principle to the current needs. |
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