27/08/2007

European Union. The Rome II Regulation (which includes a conflict of law rule on intellectual property) has been published.

Regulation 864/2007 on the law applicable to non-contractual obligation (Rome II Regulation) was recently published in the Official Journal.

The Regulation establishes uniform conflict of law rules to be applied by the courts of the Member States to determine the law applicable to claims related to acts of unfair competition (Art. 6) and infringements of intellectual property rights (Art. 8). Thanks to these new rules, companies will enjoy certainty and legal security in the protection of their intellectual property rights.

Finally, the Rome II Regulation does not include conflict of law rules related to obligations arising from violations of privacy and rights relating to personality, but the Commission will submit a study on the situation of both legal matters no later than December 2008.

The Regulation will not enter into force until January 2009.

Related Links:
Regulation 864/2007 on the law applicable to non-contractual obligation (Rome II Regulation)

Related news item in IPR-Helpdesk:
2007/05/24. European Union. The European Parliament and the Council have reached an agreement on a definitive text of the Rome II Regulation