Principle of territoriality in the angle of the Roma II Regulation Cover Image
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Principiul teritorialităłii prin prisma regulamentului roma ii
Principle of territoriality in the angle of the Roma II Regulation

Author(s): Adrian Circa
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: intellectual property; copyright; laws conflict; lex loci protectionis, Roma II Regulation

Summary/Abstract: The Construction of the European legal area has diversified since the entry into force of the Rome II Regulation. First-born among European Union Private International Law, the Rome II Regulation establishes rules concerning the law applicable to non-contractual obligations. Thus, some of its notions and terms are also in use in other European Union Regulations concerning Private International Law such as the Brussels I and the Rome I Regulation. Rome I and Rome II deal with the same legal issue – i.e. choice of Law – but one focuses on the contractual side while the other considers the non-contractual side of obligations. Lex loci protection is a dogma that regards solving a conflict of laws in matters of intellectual property. The innovative solutions proposed by the regulation are not in the field of the protection of intellectual property, which followed the traditional line drawn through international conventions. The thing that mainly affects the conflict of laws in the field of copyright is the ambiguous character of conventional regulations which contain resolution rules for such a conflict. Therefore, a study of these regulations seems necessary in order to determine the rules of Community of choice of law which intend to replace common law rules of conflict.

  • Issue Year: 2010
  • Issue No: 02
  • Page Range: 98-114
  • Page Count: 17
  • Language: Romanian