Applicable law in the absence of choice to contracts relating to intellectual or industrial property rights
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Universidad Complutense de Madrid
info
ISSN: 1566-6352
Datum der Publikation: 2008
Ausgabe: X
Seiten: 199-219
Art: Artikel
Andere Publikationen in: Yearbook of Private International Law
Zusammenfassung
Choice of law issues concerning contracts having intellectual or industrial property rights as their subject matter have traditionally been very controversial in all jurisdictions. This article deals with the applicable law under the new European conflict rules for contracts when a choice of law has not been made by the parties. Hence, its subject matter is the interpretation of Article 4 of the 2008 Rome I Regulation in the area of contracts relating to intellectual or industrial property rights. The lack of a specific provision on these contracts in the new Regulation may be a source of uncertainty and demands a special effort to provide guidelines to ensure its uniform interpretation in this field.