Conflict of Laws in Intellectual Property: The CLIP Principles and Commentary

The Conflict of Laws in Intellectual Property (CLIP) Principles address issues of private law for disputes involving intellectual property rights. They were produced by a Max Planck Institute research project, in which the authors of this work were heavily involved.

The Principles are intended to provide a model European framework to respond to the increasing need for guidance on the applicable law. They represent a significant body of work which will help to inform developing practice on applicable law and conflict throughout the field.

This new work presents the Principles, alongside article-by-article commentary and notes, which analyse thoroughly the context of the rule within the Principles, as well as within the existing legal solutions at the national, European and international level.

It also explores the policy considerations underlying the rule, enabling a better understanding of why the Principles adopt the solutions laid out in the rules. Useful references are provided to the relevant legal provisions and cases dealing with the respective issues of intellectual property and private international law.

• The only commentary on the CLIP Principles written by authors of the Principles themselves.
• Article-by-article commentary and notes analyse the context of the rule within the Principles, considering how the rule operates supported by illustrations
• Examines in detail the policy considerations underlying the rules to give a better understanding of why the solutions adopted by the Principles have been proposed
• Provides useful references to legal provisions and cases dealing with intellectual property and private international law issues