Applicable Law to Intellectual Property Infringements in Japan: Alternatives to the Lex Loci Protectionis Principle

Abstract

The aim of this article is to provide a short overview of the ongoing reform of choice of law rules for intellectual property infringements in Japan. The article highlights the main tenets of the choice of law rules for torts in the recently adopted Japanese PIL Act and discusses the existing case law practice in determining the applicable law to IP infringements. Given the uncertainty of the case law, a recent proposal to replace the lex loci protectionis principle with a more efficient “market effects” tests is analysed in more detail.

Keywords: Territoriality, lex loci protectionis, intellectual property infringement, effects test, Japan

JEL Classification: K11, K13, K19