| Abstract [eng] |
The Master's thesis analyses the Kyoto Guidelines on Intellectual Property and Private International Law in order to conclude whether the model rules contained in the applicable law part of the Kyoto Guidelines can be successfully applied in the EU legal system, i.e. in the applicable law in the intellectual property system, and to what extent this could have a positive impact and legal implications. To achieve this objective, the paper discusses the sources of law designed to regulate the applicable law in the field of intellectual property protection, such as the Paris Convention, the Berne Convention, the Rome I and Rome II Regulations, and their evolution. It also presents possible practical ways of applying the Kyoto guidelines in the EU legal system. In this way, an attempt is made to clarify the prospects for the Kyoto guidelines in the area of applicable law in the EU in the field of intellectual property law. The author focuses on the fundamental guidelines for the applicable part of the Kyoto Guidelines, such as lex loci protectionis (guideline 19), the law applicable to ubiquitous or multi-state infringements (guideline 25), etc. This decision has been taken in the light of the comments of the authors of the Kyoto Guidelines themselves. It also allows for more precise answers to questions such as whether this source would be appropriate for different jurisdictions, in the particular EU legal system? What innovations would these guidelines bring if implemented? Comparing the current EU legal framework and the Kyoto guidelines, are there any clear conflicts? |
