Can substantive law harmonisation and technology provide genuine alternatives to conflicts rules in intellectual property?

Weatherall, Kimberlee (2006) Can substantive law harmonisation and technology provide genuine alternatives to conflicts rules in intellectual property?. Media and Arts Law Review, 11 4: 393-417.

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Author Weatherall, Kimberlee
Title Can substantive law harmonisation and technology provide genuine alternatives to conflicts rules in intellectual property?
Journal name Media and Arts Law Review
ISSN 1325-1570
Publication date 2006-12
Sub-type Article (original research)
Volume 11
Issue 4
Start page 393
End page 417
Total pages 25
Place of publication Melbourne, Vic.
Publisher Reed International Books Australia
Language eng
Subject 1801 Law
2001 Communication and Media Studies
Formatted abstract
This article investigates whether there could be practical alternatives to relying on private international law to solve legal boundary issues in cross-border communications contexts, especially those involving IP rights. It points out that certain developments would seem to be tending in this direction — first, with significant moves to remove the legal boundaries (or make them undetectable) through harmonisation of IP law; second, with advancements in technology that seek to ‘reimpose’ geographic borders. Developments in both fields proceed apace, and it is worthwhile to explore what difference, if any, they will make. The conclusion is that, although both contribute at some level, perhaps unsurprisingly, neither provides a complete response.
Keyword Intellectual property
International
Cross-border
Technology
Reform
Harmonisation
IP
Q-Index Code C1
Additional Notes University of Melbourne Legal Studies Research Paper No. 206

Document type: Journal Article
Sub-type: Article (original research)
Collections: Excellence in Research Australia (ERA) - Collection
TC Beirne School of Law Publications
 
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