Regulatory Hybridization in International Intellectual Property Law

Abstract

This chapter discusses the emerging private ordering regimes in the area of intellectual property (IP). It first provides a short overview of the main principles which have been followed by the courts in deciding the question of jurisdiction to hear a claim related to foreign IP rights. In particular, two possible situations (disputes involving foreign IP rights and disputes involving multiple parties and/or IP rights) are discussed from a comparative perspective. The chapter depicts the main principles of jurisdiction employed by the courts of common law and civil law countries. Having identified the main underlying considerations which illustrate the limits to adjudication of cross-border IP disputes, the chapter discusses the genesis as well as the main tenets of the regulatory proposals. It then assesses possible modes of application of these legislative proposals and proposes further considerations from the perspective of regulatory hybridization. Keywords:civil law; common law; foreign IP rights; international intellectual property (IP) law; regulatory hybridization