Private international law issues of intellectual property: The online dimension in Belarus

Аннотация

The main peculiarity of intellectual property rights in the domain of private international law rights is rooted in the territorial character of these rights. Territoriality complicates the process of applying conflict of laws rules, recognition of foreign courts’ judgements and arbitral awards and operation of other mechanisms of private international law in respect of intellectual property. Intellectual property relations on the Internet are immanently international in their nature. They usually include the so-called “foreign element,” which launches the mechanisms of private international law. At the same time, the specifics of the online environment and the complexity of solving the conflict of laws of intellectual property due to its territoriality outline a frame of legal research. The main challenges are connected with the possibility, expediency and specificity of the application of mechanisms of private international law to intellectual property relations on the Internet. The principle of territoriality of intellectual property is strictly understood in the legal system of the Republic of Belarus. Application of foreign laws on intellectual property and recognition of intellectual property rights based on them demand profound legal justification, and in the majority of cases are hardly possible. The article illustrates reasons to revise this approach in relation to intellectual property in general and intellectual property on the Internet in particular. The author suggests methods for a gradual transition to the flexible understanding of the territoriality of intellectual property and incorporation into the Belarusian legislation of new material and conflict of laws rules.

Ключевые слова:

intellectual property rights, private international law, conflict of laws, territoriality of intellectual property, territorial character of intellectual property rights, online intellectual property relations, digital rights, ubiquitous infringements, ubiquity, Internet service providers