Intellectual Property and Private International Law: Strangers in the Night?

Abstract

The relationship between intellectual property (IP) and private international law (PIL) has become fraught with tension. Now that the digital networked environment provides scope for simultaneous multi-territorial communication of works and trade symbols and consequent global infringements of rights in such material, the problem of cross-border enforcement of IP rights cannot be ignored. An exploration of the relationship between IP and PIL would therefore seem to be an excellent example of the “across IP” theme that permeates this volume.

This book chapter was first published by Cambridge University Press: ‘Intellectual Property and Private International Law: Strangers in the Night?’ in G Austin, A Christie, A Kenyon and M Richardson (eds), Across Intellectual Property: Essays in Honour of Sam Ricketson (2020) Cambridge University Press 158-172.

Note: This material has been published in Across Intellectual Property Essays in Honour of Sam Ricketson , pp. 158 - 172, March 2020 DOI: https://doi.org/10.1017/9781108750066.015. This version is free to view and download for private research and study only. Not for re-distribution or re-use. © Cambridge University Press.

Keywords: Intellectual Property, Private International Law, Cross-Border Enforcement, Territoriality