Second draft of the Principles for Conflict of Laws in Intellectual Property published
28.07.2009
The European Max Planck Group for Conflict of Laws in Intellectual Property (CLIP) published a second draft of its “Principles for Conflict of Laws in Intellectual Property”. The changes vis-á-vis the first draft published in May address, inter alia, a new jurisdiction rule for entitlement and ownership disputes (Art. 2:205 CLIP), an increased relevance of contractual agreements for determining initial ownership (Art. 3:201 CLIP), a new rule for unitary IP rights (Art. 3:805 CLIP) and certain amendments of the rules on recognition and enforcement of foreign judgments (Art. 4:102 CLIP). At the next meeting of the CLIP group on 23 and 24 October in the Munich Max Planck Institute for Intellectual Property, Competition and Tax Law, the second draft will be presented for discussion to a number of scholars and practitioners in the field in order to prepare for the finalisation of the Principles.The final version of the CLIP Principles, including an annotated commentary, is to be published in 2010. In its final version the Principles hope to realise a number of goals. First, they aim to make a contribution to the interpretation and development of private international law and procedure in the field of intellectual property. Additionally they are to serve as a model for national and international legislation in these areas. Finally, they will assist private parties in their efforts to order their legal relations independent of national provisions and consequently promote the settlement of disputes. Questions or comments on the draft of the CLIP Principles are very welcome (contact: Christian Heinze, heinze@mpipriv.de).
Second Preliminary Draft of the Clip Principles (June 6. 2009)
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