Territoriality of Intellectual Property at the Contemporary Stage

Abstract

The article dwells on territorial character of intellectual property rights in the present conditions of globalization. The author shows grounds for applying conflict of law rules to intellectual property. A comparative analysis of Russian legal norms (the third and the fourth parts of the Civil Code of the Russian Federation) and law of other states (Belarus, Ukraine) is given. The possibility and expediency of governing of certain intellectual property questions by international law are proved.
The author shows a trend of gradual restriction of intellectual property territoriality by international legal regulation using as examples the most famous international agreements on intellectual property. It is pointed out that conclusion of a new international agreements restricting territorial character of intellectual property is currently implausible. The author believes that rejection of the principle of the intellectual property territoriality is to proceed within national legal regulation and case law.