The New Approaches to Determine Competent Courts in Relation to the Intellectual Property Claims in the Private International Law

Author

Ph.D. Student of International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran.

Abstract

Intellectual achievements of humans have been found important place in today world. In early times, law tried to protect the tangible properties but, human’s intangible properties have been increasing high place todays. If these filed claims have foreign factors, it includes in the private international law field and it had been discussed in the legal doctrines so much. International doctrines study this matter in the recent years. This article tries to study different approaches proposed in these documents. One of the approaches proposes that in the certain situations court should refuse the jurisdiction to the claim because of forum non convenience and lack of sufficient connecting factor. However the latest approach recommends that jurisdiction disputes between states should settle with international cooperation and considering other state courts. Role of the sovereignty has been less historically. So, it seems that the second approach is more desiring to the individualism and legal method (contrast to the dogmatic method) has obtained increasing place in the codification of regulation of court’s jurisdiction in the sphere of intellectual property.

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References

فهرست منابع

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Journal of Legal Research
Volume 19, Issue 42
August 2020
Pages 81-94

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