The Need for an International Convention on the Law Applicable to IP Issues

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A new international convention on the law applicable to IPRs has become a necessity dictated by the international nature of IPRs and their rapid spread. There is a need for to define the closest connection law to each issue of the IPRs. The study aims to explain the circumstances surrounding this need, the proposed solutions and the arguments invoked, especially in view of the national legislation silence towards this need. The study also seeks to highlight the role of substantive rules and choice-of-law rules included in IP conventions for resolution of the conflicts of law, in addition to conceptualize the provisions of an international convention concerning the law applicable to IP Issues. Although the role of existing IPR conventions and academic proposals (CLIP, ALI Principles, Joint JK, and Transparency Project) is undeniable, these conventions and proposals are insufficient and there is still a need for a new convention.