Świerczyński Marek, Intellectual property and private international law: high time for a dedicated EU Rome IP Regulation?

The current EU framework of conflict-of-law rules dedicated to Intellectual Property is not satisfactory. Sources are dispersed through different legal acts, either EU legal instruments, such as the Rome I or Rome II Regulations, or national codifications of private international law, such as Chapter 10 of the Polish Private International Law of 2011. They can be regarded as highly technical and complex, even for experts in the field of IP or PIL. The relationships between these acts and instruments are not always clear. Moreover, the main problems were not solved by the recent controversial and incoherent the Court of Justice (CoJ) judgments. The adoption of a dedicated Rome IP Regulation focused on the conflict-of-law issues is therefore highly recommended. This article provides some recommendations on the expected content of such a regulation, with particular focus on the infringements of IP rights.