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Intellectual Property Contracts in EU Conflict of Laws and the Interpretative Role of the CLIP Principles

The Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (hereinafter: the Rome I Regulation) applies to contractual obligations in civil and commercial matters in the event of a conflict of laws, with certain specific exclusions. The contracts relating to intellectual property rights thus fall under the scope of the Rome I Regulation. This paper examines to what extent may competent bodies applying the Rome I Regulation benefit from the Principles for Conflict of Laws in Intellectual Property prepared by the European Max Planck Group on Conflict of Laws in Intellectual Property (hereinafter: the CLIP Principles). While the CLIP Principles encompass issues of conflict of laws, international jurisdiction and recognition and enforcement of foreign judgments in the field of intellectual property law, this paper is limited by the scope of the instrument in its focus, the Rome I Regulation.

intellectual property law, private international law, contract, CLIP Principles

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