Kimberlee G. Weatherall (University of Queensland – T.C. Beirne School of Law) has posted "Can Substantive Law Harmonisation and Technology Provide Genuine Alternatives to Conflicts Rules in Intellectual Property?" on SSRN (also to be found in Media & Arts Law Review, Vol. 11, No. 4, p. 393, 2006). The abstract reads:
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.
You can download the article, for free as usual, from here.
(Possibly) Related:
- CLIP Principles for Conflict of Laws in Intellectual Property: First Preliminary Draft
- Publication: Intellectual Property in the Conflict of Laws
- Symposium: “International Litigation In Intellectual Property And Information Technology”
- BIICL event: Matrimonial Property Regimes in the Conflict of Laws: A European Regime?
- Workshop: Conflict of Laws and Laws of Conflict in Europe and Beyond – Patterns of Supranational and Transnational Juridification
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