ATRIP Intellectual Property series
Edited by Jan Rosén
Chapter 2: Cross-border licensing in the absence of a choice of law: is there a way forward?
The topic of this chapter is ‘cross-border licensing’. This could mean that a foreign rightholder grants an intellectual property licence for an intellectual property right it owns in a third state to another, potentially local, licensee. It could also mean that a single licence covers more than one state. Because of the intellectual property rights involved, or the parties involved or the geographical scope, an international element is brought into the licence. That brings private international law and, in particular, choice of law into the picture.
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