The relationship between intellectual property and private international law is a fascinating and multi-faceted one. Both fields are inherently international, but it is the exponential increase in conflicts involving trans-border elements, in a world characterised by global trade and borderless communication structures, that has, in modern times, drawn the two disciplines close. The essays contained in this book, first presented at a Symposium in Munich, set out possible visions for a future system of international and regional jurisdiction and applicable law that is better adapted to the increasingly supranational character of IP rights. A second feature of the book is its treatment of 'harmonisation' of choice-of-law issues. Framed by these two elements - international jurisdiction on the one hand and perspectives for harmonised choice of law rules in an international context on the other - specific European themes are also addressed; jurisdiction, the establishment of a European judiciary in the patent field, the relationship between regional (European) systems and an international jurisdiction convention, and the recent proposal for a Regulation on applicable law in non-contractual relationships (Rome II).

These essays set out possible visions for a future system of international and regional jurisdiction and applicable law that is better adapted to the increasingly supranational character of IP rights.

Part One: JurisdictionI. The Proposed Hague ConventionThe Hague Conference Project for a Global Convention on Jurisdiction, Recognition and Enforcement in Civil and Commercial Matters: An UpdateAndrea SchulzII. The MPI ProposalJurisdiction and Enforcement of Foreign Judgments - The General Structure of the MPI ProposalAnnette KurProvisional Measures and Multiple Defendants in the MPI ProposalMarcus NorrgårdContractual Jurisdiction Clauses and Intellectual PropertyAlexander PeukertIII. Current Developments in Patent LawThe EPLA Project and the Forthcoming Community Patent System - A Model for IP in General?Jan WillemsThe Relationship Between Regional (Patent) Judiciary Systems in Europe and International Conventions - Smooth Coexistence or Confusion?Stefan LuginbuehlPart Two: Choice of LawI. General PrinciplesChoice of Law and Intellectual PropertyRichard FentimanII. European IssuesThe Proposed Rome II Regulation: European Choice of Law in the Field of Intellectual PropertyJosef DrexlComments: The Rome II Regulation Proposal and its Relation to the European Country-of-Origin PrincipleMatthias LeistnerChoice-of-Law Rules in the EU - Special Issues with Respect to Community Rights - Infringement of Community Trade Marks and Applicable LawEike SchaperCommunity Rights & Conflict of Laws: Community Trademark, Community Design, Community Patent - Applicable Law for Claims of DamagesAxel MetzgerIII. International IssuesRecent Judgments in Japan on Intellectual Property Rights Conflict of Laws and International JurisdictionToshiyuki KonoChoice of Law in the Digital Environment - Problems and Possible SolutionsAnsgar OhlyThe Joint Recommendation Concerning Protection of Marks, and Other Industrial Property Rights in Signs, on the InternetJohannes Christian WichardWho Decides on the Colours of Films on the Internet? Drafting of Choice-of-Law Rules for the Determination of Initial Ownership of Film Works vis-à-vis Global Acts of Exploitation on the InternetDorothee ThumAlternatives to the lex protectionis as the Choice-of-Law Rule for Initial Ownership of CopyrightMireille van Eechoud