2. „(Не)допуштеност аутономије воље код вануговорне одговорности за штету из повреде права интелектуалне својине

Abstract

Party autonomy is a choice of law doctrine that permits parties to choose the law of a particular country to govern their relations that involves two or more jurisdictions. On 11 January 2009, a fundamental change to the way in which the law applicable to non-contractual obligations will be determined under European Private International law took place when Regulation (EC) No 864/2007 on the law applicable to non-contractual obligations (Rome II) came into effect. Party autonomy is arguably the most significant introduction into the European private international law for non-contractual obligations. However, under article 8 of this Regulation, there is no scope for the parties to agree on an alternative applicable law. This paper presents a comprehensive examination of the reasons why party autonomy is not accepted as a connecting factor in intellectual property infringement cases. The coordination between territoriality restricted intellectual property rights and the potential global reach of Internet activities has been the focus of significant attention in recent years. Special attention in this paper is also given to the development of the private international law in the area of intellectual property rights and the possibility for introduction of lex voluntatis in this specific type of non-contractual obligations in the near future.