A Conflicts of Law Approach to Intellectual Property Research

Abstract

Intellectual property (IP) conflict of laws issues in disputes between private parties arise for a variety of reasons. Most infringe the plaintiff’s intellectual property rights in countries X, Y, and Z. Part of the infringing conduct might have been in one jurisdiction, while the effects are felt elsewhere. Infringing material can be instantly distributed to any country in which there is internet access. Digital networks are also increasing opportunities for international collaboration by parties that are physically located in different places, and supply chains also increasingly straddle national borders, giving rise to disputes about the law governing intellectual property ownership. And internet commerce is increasing the global reach of brands. Research in this area must engage with the problem of providing efficient and just solutions in the context of private litigation that are also aligned with the foundations of the international intellectual property architecture including, in many contexts, the domestic economic and social policies that shape territorially confined IP rights.