Activities

ILA Committee Intellectual Property and Private International Law

Van Eechoud is active member of the Committee on Intellectual Property and Private International Law of the International Law Association ILA. The Committee develops guidelines for jurisdiction, conflicts of law and recognition of foreign judgments for transborder intellectual property cases. Professor Toshiyuki Kono (Japan) is Chair, professors Pedro A de Miguel Asensio (Spain) and Axel Metzger (Germany) serve as co-rapporteurs. The Committee builds on the work of earlier groups. 

Van Eechoud was member of the  European Max Planck Group on Conflict of Laws in Intellectual Property (CLIP). CLIP is a group of scholars in the fields of intellectual property and private international law. It was established in 2004 and has regularly met to discuss issues of intellectual property, private international law and jurisdiction since then. The Group has drafted a set of principles on conflict of laws in intellectual property and tends to provide independent advice to European and national law makers.

See http://www.ila-hq.org/index.php/committees

 

 

Publications

Bridging the gap: Private international law principles for intellectual property law

van Eechoud, M.

<p>This past decade has seen a veritable surge of development of ‘soft law’ private international instruments for intellectual property. A global network has been formed made up of academics and practitioners who work on the intersection of these domains. This article examines the synthesizing work of the International Law Association’s Committee on intellectual property and private international law. Now that its draft Guidelines on jurisdiction, applicable law and enforcement are at an advanced stage, what can be said about consensus and controversy about dealing with transborder intellectual property disputes in the information age? What role can principles play in a world where multilateral rulemaking on intellectual property becomes ever deeply politicized and framed as an issue of trade? Arguably, private international law retains it facilitating role and will continue to attract the attention of intellectual property law specialists as a necessary integral part of regulating transborder information flows. </p>

2017-01-24

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

van Eechoud, M.

European Max Planck Group on Conflict of Laws in Intellectual Property: J. Basedow, P. de Miquel Asensio, G. Dinwoodie, J. Drexl, C. Heinze, A. Kur, A. Metzger, A. Peukert, P. Torremans, M. van Eechoud, Oxford: Oxford University Press, 2013, 560 p.
ISBN: 9780199665082.

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.

2013-02-14