Special Issue on Private International Law and Intellectual Property

• Pages: 173-173

JIPITEC - Special Issue on Private International Law and Intellectual Property

2012

173

3

Editorial:

JIPITEC - Special Issue on Private

International Law and Intellectual Property

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Recommended citation: Editor ial: JIPITEC - Special Issue on Pri vate International Law and Intellec tual Property,

3 (2012) JIPITEC 3, 173.

JIPITEC - Special Issue on Private International

Law and Intellectual Property

This special issue of JIPITEC presents a collection of

papers given at the inaugural meeting of the Interna-

tional Law Association’s (ILA) Committee on Intellec-

tual Property (IP) and Private International Law held

at the University of Lisbon on March 15-17, 2012. The

ILA approved to establish a new committee on IP and

Private International Law (hereinafter “the Commit-

tee”) in 2010 to continue the ongoing discussion on

the challenges for traditional models of adjudicat-

ing international disputes with regard to intellec-

tual property.1 These new challenges are raised by

today’s global business models of right holders and

intermediaries, as well as by information technol-

ogy at the disposal of users that allows worldwide

dissemination of protected subject matter but that

can endanger, as such, the protection of intellectual

property. The Committee continues research efforts

-

prehensive research outcome of this international

debate has been the ‘Intellectual Property: Princi-

ples Governing Jurisdiction, Choice of Law, and Judg-

ments in Transnational Disputes’ of 2007 published

by the American Law Institute in 2007.2 In 2011, the

Max-Planck Institutes in Hamburg and Munich to-

gether with a group of distinguished European schol-

ars concluded a research project and published the

CLIP-   

Property.3 In Asia, a group of scholars in Japan and

Korea (the Waseda GCOE Project) published their

own Principles on this topic in 2010,4 while another

project team in Japan (the Transparency Project) has

published a legislative proposal in August 2010.56 Due

to the mature status of the international debate, the

Committee decided to start its deliberations by tak-

ing stock of the common features of the already ex-

isting works. This challenging task was taken over

by Paulius Jurys, Rita Matulionyt and Benedetta Uber-

tazzi, whose reports are collected in this issue. How-





projects and areas where new proposals should be

developed. The papers by Pedro de Miguel Asensio and

Axel Metzger explore two potential issues for further

discussion in the Committee. The editors would like

to thank Rita Matulionyt who assisted the editing of

this issue.

The editors

1

See

cfm/cid/1037> and

programsinenglish/ila2012>.

2

American Law Institute’s ‘Intellectual Property: Principles

Governing Jurisdiction, Choice of Law, and Judgments in

Transnational Disputes’ of 2007 (ALI Principles).

3  -

  -

lectual Property of 2011, <http://www.cl-ip.eu/en/pub/home.

cfm>. The CLIP-Principles will be published with comments

and notes in early 2013 at Oxford University Press.

4 Members of the Private International Law Association of Ko-

rea and Japan, Principles of Private International Law on In-

tellectual Property Rights, The (Waseda) Quarterly Review of

Corporation and Law and Society 2011, 112, 141.

5

Transparency Proposal on Jurisdiction, Choice of Law, Recog-

nition and Enforcement of Foreign Judgments in Intellectual

Property, October 2009, in Jürgen Basedow/Toshiyuki Kono/

Axel Metzger (eds.), Intellectual Property in the Global Arena

- Jurisdiction, Applicable Law, and the Recognition of Judg-

ments in Europe, Japan and the US (2010), 394-402.