Applicability of public interest analysis in infringement cases of intellectual property law

Document Type : Research Paper

Authors

1 Associate Professor of Law, Faculty of Law and Political Science, University of Tehran, Iran

2 LLM in Intellectual Property law, University of Tehran, Iran

Abstract

With the emergence of new legal regimes such as intellectual property rights, new complexities in the process of determination of applicable law are involved in private international law. The dilution of physical center of gravity for disputes related to intellectual property rights and the effects of utilitarianism in law with an emphasis on public interest has led to the adoption of new methods and mechanisms by courts in intellectual property disputes which mark a departure from conventional conflict of laws rules. Therefore, lawyers and judges facing the above challenges have not confined themselves to the conventional rules and have followed new approaches in the field of conflicts of laws such as public interest analysis approach to compensate the obvious shortcomings of conventional rules. To achieve a conflict of law rule corresponded to this point of view, the current paper seeks to examine applicability of public interest theory in the scope of intellectual property conflict of laws.

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