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Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 20)

Publication Date:

Authors : ;

Page : 54-61

Keywords : intellectual property; cross-border non-contractual obligations; EU Regulation Rome II; lex loci protectionis;

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The article is devoted to the rules for regulating cross-border non-contractual obligations in the field of intellectual property in the European Union (hereinafter - the EU). The general description of the concept and content of non-contractual obligations in the field of intellectual property of the EU is provided. The content of tort obligations in the intellectual property of the EU, as the most common type of violation, is disclosed. The main source of the law of conflict of laws regulation of non-contractual relations of the EU concerning intellectual property is identified - Regulation (EU) No 864/2007 of the European Parliament and of the Council on the Law Governing Non-Contractual Obligations (Rome II) and the content of conflict of laws defining the law subject to application in this area. The article also defines the main conflict bindings existing in the EU legislation in resolving cross-border disputes related to noncontractual obligations for compensation of harm and special conflict bindings relating to tort obligations in the field of intellectual property. The shortcomings of EU legislation in this area, namely, the inexpediency of existing conflict bindings designed to resolve cross-border disputes in the field of intellectual property, which is primarily due to inconvenience and sometimes inexpediency in practical application, are examined. The achievements of reputable scientists in the field of regulation of international non-contractual obligations in the field of intellectual property are presented, in particular, the existing successful CLIP principles that take into account the specificity of intellectual property and are developed taking into account the specialization of intellectual property among other types of non-contractual liability. The necessity of further domestic fundamental research in this area is proved.

Last modified: 2021-03-16 22:26:45