Rome II Regulation Sets European Conflict of Law Rules for Intellectual Property Starting January 2009
European Regulation 864/2007 (the "Rome II Regulation" ) on the law applicable to non-contractual obligation was recently published in the Official Journal with a conflict of law rule on intellectual property. The Regulation will enter into force in January 11, 2009 including Article 8,
- The law applicable to a non-contractual obligation arising from an infringement of an intellectual property right shall be the law of the country for which protection is claimed.
- In the case of a non-contractual obligation arising from an infringement of a unitary Community intellectual property right, the law applicable shall, for any question that is not governed by the relevant Community instrument, be the law of the country in which the act of infringement was committed.
- The law applicable under this Article may not be derogated from by an agreement pursuant to Article 14 [where "The parties may agree to submit non-contractual obligations to the law of their choice. . . ."].
Article 6 of the regulation also includes a section "Unfair competition and acts restricting free competition."