Intellectual Property at the Crossroads of Trade

Intellectual Property at the Crossroads of Trade

ATRIP Intellectual Property series

Edited by Jan Rosén

The book comprises thoughtful contributions on varying commercial aspects of IP, from parallel imports of pharmaceuticals to exhaustion of rights, and from trade in goods of cultural heritage to regulation of goods in transit. There is detailed discussion of licensing, including cross-border elements, online licensing, and the potential for harmonisation in Europe. This precedes a multi-layered analysis of the Anti-counterfeiting Trade Agreement.

Chapter 2: Cross-border licensing in the absence of a choice of law: is there a way forward?

Paul Torremans

Subjects: law - academic, intellectual property law


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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