
Contents
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A. Introduction A. Introduction
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B. Infringement of Intellectual Property Rights B. Infringement of Intellectual Property Rights
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Non-Community Intellectual Property Rights Non-Community Intellectual Property Rights
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Community Intellectual Property Rights Community Intellectual Property Rights
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‘Infringement’ of Intellectual Property Rights ‘Infringement’ of Intellectual Property Rights
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Priority of Article 8 Priority of Article 8
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C. Non-Community Intellectual Property Rights—The Law of the Country for which Protection is Claimed (Art 8(1)) C. Non-Community Intellectual Property Rights—The Law of the Country for which Protection is Claimed (Art 8(1))
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D. Community Rights—The Law of the Country in which the Act of Infringement Occurred (Art 8(2)) D. Community Rights—The Law of the Country in which the Act of Infringement Occurred (Art 8(2))
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E. Scope of the Applicable Law E. Scope of the Applicable Law
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Remedies Remedies
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Relationship with the IP Enforcement Directive Relationship with the IP Enforcement Directive
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F. Exclusion of Party Choice (Art 8(3)) F. Exclusion of Party Choice (Art 8(3))
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Cite
Extract
Article 8Infringement of intellectual property rights...
Introduction1
No specific rule for intellectual property matters was to be found in the Commission’s preliminary draft proposal.2 Art 8(1) of the Commission Proposal, favouring the law of the country for which protection is sought (lex loci protectionis), appears to have been inspired by the comments3 on that preliminary draft of the Hamburg Group for Private International Law, a collaboration of German scholars.4
1.64 above.
Hamburg Group for Private International Law, Comments on the European Commission’s Draft Proposal for a Council Regulation on the Law Applicable to Non-Contractual Obligations, 21–5, reproduced at <http://www.mpipriv.de/de/data/pdf/commentshamburggroup.pdf>.
In this connection, the Commission explained that:5
The general rule contained in Article 3(1)6 does not appear to be compatible with the specific requirements in the field of intellectual property. To reflect this incompatibility, two approaches were discussed in the course of preparatory work. The first is to exclude the subject from the scope of the proposed Regulation, either by means of an express exclusion in Article 1 or by means of Article 25,7 which preserves current international conventions. The second is to lay down a special rule, and this is the approach finally adopted by the Commission with Article 8.
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