The final CLIP Draft


The European Max-Planck Group on Conflict of Laws in Intellectual Property (CLIP) has recently published its final Draft Principles for Conflict of Laws in Intellectual Property (refered to by the Group as “the Draft”), which came after the the Third Preliminary Draft of the Principles we reported on here. The text of the Draft, available here, is supposed to remain substiantially the same in the 2012 commented version of the “Principles for Conflict of Laws in Intellectual Property” except for the editorial changes.

The main changes made in the newest Draft include: Article 2:206 (2) and (3) on multiple defendants, Article 3:401 on initial co-ownership, Article 3:604 on secondary infringement, Articles 3:801 and 3:802 (2) (e) on security rights, Article 4:201 on the verification of jurisdiction of foreign courts, and Article 4:501 (2) on other grounds for non-recognition of foreign judgements. As you can see, most of these changes were more of a fine-tuning nature.

I thank Thomas Petz for the tip off.