Paper's abstract

Michel Vivant, Company and Intellectual Property Between Local Requirements and Transborder Reality
If the variety of national rights concerns all branches of law, the case of intellectual property is particular because the subject of patents, trademarks, copyrights... has such a ubiquity that a company whose activity does not remain purely national is constantly dealing with different parallel rights, even though the logic of its action is global. This activity is thus subject to a constant tension between global and local. From global to local, the company must "manage the multiple”: local investigation of precedence, selective defense on numerous profitable territories ... But it may also attempt to go global by using the contract as a tool to ignore “legal fragmentation” for example with packages of patents or transborder agreements on trademark coexistence. However, the question arises whether some new avenues are not opening in order to build a truly universal normative space: rational competence in the field of international private law and reasonable lex mercatoria in the field of substantial law.

Key Words : cybersquatting, lex mercatoria, licence, ADPIC, copyright
t. 56, 2013 : p. 229-248

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