A Comparison of the ALI and CLIP Proposals
Chapter 5: Lex Loci Protectionis and the Territoriality Principle
5. Lex loci protectionis and the territoriality principle ALI Principles § 301. Territoriality Except as provided in §§ 302 and 321–323, (1) The law applicable to determine the existence, validity, duration, attributes, and infringement of intellectual property rights and the remedies for their infringement is: (a) for registered rights, the law of each State of registration. (b) for other intellectual property rights, the law of each State for which protection is sought. (2) . . . Draft CLIP Proposal Article 3:102: Lex protectionis The law applicable to existence, validity, registration, scope and duration of an intellectual property right and all other matters concerning the right as such is the law of the State for which protection is sought. Article 3:601: Basic Principle (1) Unless otherwise provided in this Section [Infringements and Remedies], the law applicable to the infringement is the law of each State for which protection is sought. Article 3:701: Limitations and exceptions, waivability (1) Limitations and exceptions are governed by the law of the State for which protection is sought. (2) The waivability of limitations of, and exceptions to, an intellectual property right shall be determined by the law of the State for which protection is sought. This chapter, and the following ones, will provide an overview of the rule and its origin (A), analyse the main features of the rule (B), evaluate the rule and identify problems with it (C), and suggest some proposals for further consideration (D). A. RULE AND ITS ORIGIN As a general rule, both...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.