Applicable Law on the Infringement of Intellectual

Document Type : Technical-Scientific

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Abstract

Intellectual property law is a branch of law that, in spite of its independence, has a close relation with other branches of law. Property law, contract law and civil liability law are some traditional branches of private law that in respect of intellectual property law have special discussions. Infringement of intellectual property rights and its consequences are studied in the light of civil liability law rules. Infringement of intellectual property rights may be happen internally or internationally. In the case of international infringement one of the most important matters that may be discussed is the conflict of laws between two or more laws and necessity of determination of applicable law. In this respect two approaches is available: In accordance with the first approach, infringement of intellectual property rights is a wrong that led to civil liability ant then the law of the place of wrong act is applicable. In accordance with the second approach, the intellectual property has some characteristics that from several aspects affects choice of law process. Internal aspect, international aspect and territoriality are three dimensions of intellectual property rights that make it clear for us that territoriality aspect led to a different conflict of laws rule from traditional one. In the other word, the territoriality requires to choose law of place of protection to govern infringement of intellectual property right amongst several laws like law of place of court and law of place of wrong.

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