From CLIP to Kyoto: What’s new between Private International Law and Intellectual Property?

Abstract

The purpose of this work is to analyse the issues addressed by the Kyoto Guidelines on Intellectual Property and Private International Law by comparing them with the CLIP Principles created by the European group, parallel to other regional proposals such as the ALI Principles or the Asian initiatives, together with other normative texts of conventional and institutional origin and jurisprudence considered relevant in these matters. Aspects related to international jurisdiction and applicable law will be addressed, as well as effectiveness of cross-border enforcement. Special emphasis will be placed on certain matters of particular interest, such as collective rights management in the field of Copyright and Related rights-which are being regulated for the first time- or ubiquitous infringements -which are particularly relevant due to the problems raise by them.