Principios sobre conflictos de leyes en materia de Propiedad Intelectual

Abstract

Although States and international organizations have attempted to harmonize and unify the law on intellectual property since the 19th century, significant divergences between national legal systems remain in this field. The ideal of a universal protection with a uniform content is thus still largely unachieved. This why conflicts of laws in matters pertaining to copyright and industrial property are of great relevance in international situations. Two recent texts, drawn up under the auspices of the American Law Institute and the European Max-Planck Group on Conflict of Laws in Intellectual Property, have dealt with this problem and endeavoured to achieve, although in different ways, internationally acceptable solutions based on a compromise between the principles of universality and territoriality.