Law Applicable To Contracts Relating To Industrial Property Rights القانون الواجب التطبيق على العقود المتعلقة بحقوق الملكية الصناعية

Abstract

Conflict of law rules regarding contractual obligations is usually based on principles quite different from those applied to industrial property rights. It is widely accepted that the law applicable to the existence, validity and protection of industrial property rights is the law of each country for which protection is sought or the law of the location of the protection. Issues of transferability of industrial property rights, conditions of validity of transfer and licensing, and issues relating to the third-party effects of such transactions are inherent in industrial property rights and therefore fall within the scope of application of the conflict of law rule to rights per se. Therefore, these issues are subject to the relevant protection law regardless of the law applicable to the contract. It is worth noting that the law applicable to the contract is completely different in the event of the parties’ agreement than in the absence of that agreement, and therefore we have to determine the applicable law in each case separately. . w La pplicable A ights R roperty P ndustrial I s w La f O onflict C : Keywords