General characteristics of the system of conflict of laws regulation of industrial property
https://doi.org/10.17803/1994-1471.2019.99.2.144-155
Abstract
The paper applies an integrated approach to the study of the system of conflict of laws and legal regulation of industrial property objects. The author emphasizes the absence of unified conflict of laws rules that would regulate the procedure for determining the law applicable to industrial property and the scope of such law. There is a tendency to form a systematic approach to the conflict of laws and regulation of industrial property. The system of conflict of laws regulation of industrial property is based on the remaining territorial principle of protection of industrial property objects, which has a significant impact on the development of conflict of laws regulation of industrial property. The paper summarizes various aspects of the conflict of laws regulation of industrial property based on legislation of different states, as well as the harmonizing principles of the conflict of laws regulation of intellectual property, and the use of the conflict principles. The use of the following conflict of laws principles is noted: “the law of the country where protection is claimed”, “the law of the country for which protection is claimed”, “the law of the country of registration”, “the law of the country of granting protection”, “the law of the country of creation”, “the law of the country of origin”, “the law of the country of offense”. The author concludes that the specifics of relations developing in the field of the protection of industrial property predetermines the development of a system of conflict-law regulation of industrial property. The complication of such relations by a foreign element in a wide variety of variations indicates the specificity of industrial property objects and the need to develop separate conflict of laws approaches to the definition of law applicable to various aspects of industrial property rights.
About the Author
B. A. Shakhnazarov
Department of Private International Law of the Kutafin Moscow State Law University (MSAL).
Russian Federation
Russian Federation
Shakhnazarov Beniamin Aleksandrovich, PhD in Law, Docent, Associate Professor.
125993, Russia, Moscow, ul. Sadovaya-Kudrinskaya, d. 9.
References
1. Suspitsina M. V. Formiruyushchiesya podkhody k kollizionnomu regulirovaniyu intellektual’noy sobstvennosti // Yuridicheskoe obrazovanie i nauka. — 2012. — № 2. — S. 36—39.
2. Shugurova I. V. Territorial’niy printsip deystviya prav intellektual’noy sobstvennosti: osnovnye tendentsii razvitiya // Sovremennoe pravo. — 2010. — № 10. — S. 76—81.
Review
For citations:
Shakhnazarov B.A. General characteristics of the system of conflict of laws regulation of industrial property. Actual Problems of Russian Law. 2019;(2):144-155. (In Russ.) https://doi.org/10.17803/1994-1471.2019.99.2.144-155
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