venerdì 16 gennaio 2009

European Union. Rome II Regulation enters into force and introduces new conflict of law rules in the IP field

Regulation 864/2007 on the law applicable to non-contractual obligation (Rome II Regulation) entered into force on 11th January 2009.
The Regulation is particularly relevant for Intellectual Property law. The reason is that it establishes uniform conflict of law rules to be applied by the courts of the Member States to determine the law applicable to claims related to acts of unfair competition (Art. 6) and infringements of national intellectual property rights (Art. 8.1) and Community industrial property rights (Art. 8.2). Thanks to these new rules, companies will enjoy certainty and legal security in the protection of their intellectual property rights.
This Regulation is complemented by the Rome I Regulation. Once this second instrument enters into force (December 2009) the European Union will have uniform bodies of conflict-of-law rules in extracontractual obligations and contractual obligations.

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