Can Substantive Law Harmonisation and Technology Provide Genuine Alternatives to Conflicts Rules in Intellectual Property?

23 Pages Posted: 23 Jan 2007

Abstract

This article investigates whether there could be practical alternatives to relying on private international law to solve legal boundary issues in cross-border communications contexts, especially those involving IP rights. It points out that certain developments would seem to be tending in this direction - first, with significant moves to remove the legal boundaries (or make them undetectable) through harmonisation of IP law; second, with advancements in technology that seek to 'reimpose' geographic borders. Developments in both fields proceed apace, and it is worthwhile to explore what difference, if any, they will make. The conclusion is that, although both contribute at some level, perhaps unsurprisingly, neither provides a complete response.

Keywords: intellectual property, international, cross-border, technology, reform, harmonisation, IP

Suggested Citation

Weatherall, Kimberlee Gai, Can Substantive Law Harmonisation and Technology Provide Genuine Alternatives to Conflicts Rules in Intellectual Property?. Media & Arts Law Review, Vol. 11, No. 4, p. 393, 2006; U of Melbourne Legal Studies Research Paper No. 206; University of Queensland TC Beirne School of Law Research Paper No. 10-03. Available at SSRN: https://ssrn.com/abstract=958857

Kimberlee Gai Weatherall (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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