Proprietary aspect of exclusive rights as a law-making factor in the field of the choice-of-law regulation of intellectual property

Abstract

Intellectual property rights have a number of stable, regular distinctive features that prevent the determination of the law applicable to them on the basis of connecting factors being traditionally used in the field of non-intellectual property and personal non-property rights. In this regard, the point of view wins more widespread support in Private International Law that the relations of intellectual property rights are considered to be a special type of relations for the purposes of choice-of-law regulation. The proprietary aspect of exclusive rights is examined in this article as a material factor having the greatest impact on the formation of choice-of-law regulation in the field of intellectual property. In order to establish the closest connection of the relations of intellectual property rights with the state, whose law is applied, as well as when evaluating the significance and directionality of the empirically localized needs of persons affected by the law, the dualism of exclusive right expressed in the indivisibility of the economic function and the legal content of the exclusive right, as well as the priority of the economic function of the exclusive right to its legal content is essential.