Abstract
When negotiating international IP agreements, commercial parties often treat the 'law and jurisdiction' clause as a relatively minor issue—after all, aren't most legal systems roughly the same? Focussing on agreements in the biotechnology sector, this article considers some significant differences between the legal systems of key European jurisdictions as they affect the terms of IP-related agreements. The article uses examples from the UK, France, Germany, Netherlands, Spain, and Sweden to illustrate how national laws can affect (1) the parties' rights and obligations, (2) the drafting of the agreement, and (3) the interpretation of the agreement.
Published Version
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