Book contents
- Frontmatter
- Contents
- Preface
- Bibliographical Note
- Contributors
- SECTION I REMEMBERING ARTHUR TAYLOR VON MEHREN
- SECTION II TRANSATLANTIC LITIGATION AND JUDICIAL COOPERATION IN CIVIL AND COMMERCIAL MATTERS
- SECTION III CHOICE OF LAW IN TRANSATLANTIC RELATIONSHIPS
- 9 Party Autonomy in the Private International Law of Contracts: Transatlantic Convergence and Economic Efficiency
- 10 The Law Applicable to Intellectual Property Rights: Is the Lex Loci Protectionis a Pertinent Choice-of-Law Approach?
- 11 The Extraterritorial Reach of Antitrust Law between Legal Imperialism and Harmonious Coexistence: The Empagran Judgment of the U.S. Supreme Court from a European Perspective
- 12 Mandatory Elements of the Choice-of-Law Process in International Arbitration: Some Reflections on Teubnerian and Kelsenian Legal Theory
- 13 Application of Foreign Law to Determine Punitive Damages: A Recent U.S. Court Contribution to Choice-of-Law Evolution
- Index
10 - The Law Applicable to Intellectual Property Rights: Is the Lex Loci Protectionis a Pertinent Choice-of-Law Approach?
Published online by Cambridge University Press: 08 September 2009
- Frontmatter
- Contents
- Preface
- Bibliographical Note
- Contributors
- SECTION I REMEMBERING ARTHUR TAYLOR VON MEHREN
- SECTION II TRANSATLANTIC LITIGATION AND JUDICIAL COOPERATION IN CIVIL AND COMMERCIAL MATTERS
- SECTION III CHOICE OF LAW IN TRANSATLANTIC RELATIONSHIPS
- 9 Party Autonomy in the Private International Law of Contracts: Transatlantic Convergence and Economic Efficiency
- 10 The Law Applicable to Intellectual Property Rights: Is the Lex Loci Protectionis a Pertinent Choice-of-Law Approach?
- 11 The Extraterritorial Reach of Antitrust Law between Legal Imperialism and Harmonious Coexistence: The Empagran Judgment of the U.S. Supreme Court from a European Perspective
- 12 Mandatory Elements of the Choice-of-Law Process in International Arbitration: Some Reflections on Teubnerian and Kelsenian Legal Theory
- 13 Application of Foreign Law to Determine Punitive Damages: A Recent U.S. Court Contribution to Choice-of-Law Evolution
- Index
Summary
INTRODUCTION
Arthur Taylor von Mehren was a great scholar of the old school. As Detlef F. Vagts puts it: “He relied on his immense knowledge of comparative law rather than relying on search engines and modern machinery, and he knew an enormous number of people around the world in the field. He was an institution.” Von Mehren did not see retirement as fundamentally changing his life, he wrote: “More than in the past, I shall write about the forests rather than the trees – how they came to be what they are and how to find paths through them.” Unfortunately, we cannot rely anymore on von Mehren to find paths through the dense forest of intellectual property and choice of law. As cross-border conflicts have soared in a world of increased global trade and borderless communication, the relationship between intellectual property and choice of law is becoming more complex. It has become a real challenge to master both fields and to identify appropriate solutions. The following three cases will illustrate the tension between choice of law and intellectual property.
Hotel Maritime
In Hotel Maritime, the owner of German and E.U. trademarks for Maritim, who used the name for a chain of hotels in Germany, sued a Danish defendant who ran a bed and breakfast establishment in Copenhagen. The defendant had registered HOTEL MARITIME as a trademark in Denmark and ran a website using the domain name http:www.hotel-maritime.dk that also included information, in German, about the hotel.
- Type
- Chapter
- Information
- Conflict of Laws in a Globalized World , pp. 184 - 219Publisher: Cambridge University PressPrint publication year: 2007
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