Formulation of a global solution to the global challenge of the insufficiency of the actual legal framework of exploitation contracts of IPR in Europe.
Last Update: 01.01.13
With the advent of the post-industrial economy, Intellectual Property rights and their exploitation present great economic importance. Moreover, due to the internationalization of exchanges and networks development, the conclusion of an exploitation contract does not constitute anymore a purely domestic affair. However, despite the dimension of exploitation contracts of IP rights, the actual legal framework is insufficient in many aspects, at both national and European level. Having as a starting point the need for its improvement, this project aims to offer an answer on how to address this complex problem.
On that basis, it is argued that a desired prospective action of improvement should in the first place present two basic features: it should be transversal in scope and it should be taken at the European level. However, such a European IP-wide action may appear too radical and ambitious. It has to face with serious challenges, which primarily refer to the diversity that characterizes both IP law and the legal landscape of IP contracts in Europe. Nonetheless, a comparative analysis of selected national jurisdictions shows that some common transversal denominators of IP contract law do exist in Europe. Therefore, these common denominators could form the core of unitas, upon which the (re)construction of IP contract law in a European perspective could take place. Finally, it seems appropriate to make some suggestions, with a view to pave the way forward towards the construction of a European law of exploitation contracts of IP rights.
Theodoros Chiou
Assoc. Prof. Dr. Christophe Geiger; Prof. Dionysia Kallinikou
Dr. Kaya Köklü
Zielsetzungen der Europäischen Union
