M.A. Thesis:

Study of Conflict of Laws in Intellectual Property Claims

Increased complications in international relations have made the concluding of assignment contracts or obtainingthe exploitation license more difficult. In some cases, strenuous efforts must be made to determine the governing law ofthe principle of the territoriality of intellectual property. Generally, the rules governing property ownership can be distinguished from other contractual rules, having their own specific rules of law. While parties tothis type of contractscan freely select the law, there are restrictions in some cases, such as the right to compete, which is mainly originated from the domestic and international system. In the absence of choice of law, the Rome Statute in the European Union has accepted the criterion of the implementation of the index after expressing specific rules for determining the law governing certain categories of contracts, which is not applicable in some intellectual property contracts. Typically, other documents of the law of the country, which have the closest relationship, are rulers. To identify such a country, different regulations are expressed, the best of which is based on the analysis of a set of components expressed in the principles of the Max Planck conflict law. Given the development of Iran and the need for introducing new technologies, it would be possible to apply the law of the transferred or licensed country. In the domestic laws of our country, there is no specific rule about the resolution of ownership conflicts.However, the Article 968 of the Civil Code can be used in conflict of laws in property rights, and there is no proportion between this article and the rules of conflict resolution in international law.

Keywords: conflict of laws; intellectual property rights; governing law; principle of territoriality; closest