The law applicable to patents in private international law

Patents are an important legal concept in the field of industrial property, requiring legal and international protection for patents. Intellectual property is an important field due to its vital and effective role in developing countries' economies. The technological and economic development experienced by most developed countries requires focusing the study on the field of patents, which calls for inventors to obtain patent rights in exchange for their intellectual, industrial, and technical production. This right may be subject to infringement by other parties from different countries, which may result in a conflict between the laws of countries, ultimately determining which law should be applied to patents. In response to this progress and development, the need for the emergence and increase of patents has increased, potentially making them vulnerable to exploitation, infringement, and distortion. This has prompted many countries to devote their efforts, both domestically and internationally, to surrounding these patents with protective rules that define the applicable law by stipulating specific assignment rules. International agreements also stipulate strict legal provisions, starting with the Paris Convention of 1883, which constitutes the basis for international patent protection. This Convention provides comprehensive international provisions and principles that define the applicable law to patents. All of these protective rules are merely solutions to conflicts of laws in the field of patents.

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Publication Details

Journal
AL-Qadisiya Journal For Law and Political Sciences
Published
2025-06-01
DOI
https://doi.org/10.63677/jqlap.2025.159849.1339
Primary Topic
Intellectual Property and Patents
Type
article
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article

The law applicable to patents in private international law

Raghad Mazloum
AL-Qadisiya Journal For Law and Political Sciences
Intellectual Property and Patents
article

The law applicable to patents in private international law

Raghad Mazloum
article en

Abstract

Patents are an important legal concept in the field of industrial property, requiring legal and international protection for patents. Intellectual property is an important field due to its vital and effective role in developing countries' economies. The technological and economic development experienced by most developed countries requires focusing the study on the field of patents, which calls for inventors to obtain patent rights in exchange for their intellectual, industrial, and technical production. This right may be subject to infringement by other parties from different countries, which may result in a conflict between the laws of countries, ultimately determining which law should be applied to patents. In response to this progress and development, the need for the emergence and increase of patents has increased, potentially making them vulnerable to exploitation, infringement, and distortion. This has prompted many countries to devote their efforts, both domestically and internationally, to surrounding these patents with protective rules that define the applicable law by stipulating specific assignment rules. International agreements also stipulate strict legal provisions, starting with the Paris Convention of 1883, which constitutes the basis for international patent protection. This Convention provides comprehensive international provisions and principles that define the applicable law to patents. All of these protective rules are merely solutions to conflicts of laws in the field of patents.

AL-Qadisiya Journal For Law and Political SciencesVol. 16(Issue: 1 part 2)
College of Law (LV), University of Diyala (IQ)
Partnerships for the goals
Openalex Percentile: Top 15%
Intellectual Property and Patents
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The law applicable to patents in private international law — Raghad Mazloum · AL-Qadisiya Journal For Law and Political Sciences (2025) | TGRS Research Map | TGRS