intellectual property rights infringement
LexInter | April 26, 2008 | 0 Comments

Intellectual property rights infringement

Article 8

Intellectual property rights infringement

1. The law applicable to a non-contractual obligation resulting from an infringement of an intellectual property right is that of the country for which protection is claimed.

2. In the event of a non-contractual obligation resulting from an infringement of a Community intellectual property right of a unitary nature, the law applicable to any matter which is not governed by the relevant Community instrument is the law of the country in which this right has been infringed.

3. The applicable law by virtue of this article may not be derogated from by an agreement as referred to in article 14.

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