|A premise underlying the principle of territoriality in intellectual property (IP) law is that each state determines the extent to which IP rights exist and are protected within its own territory of that state. As the principle of territolriality allocated jurisdiction among states, it obviated the need for private international law.|
Today, infringements do not remain within hermetically sealed national territories. This raises the question whether the territorial scope of application of the domestic IP law is interpreted with respect to a domestic act or effects. In addition, this raises questions of private international law with respect to whether states execise jurisdiction and apply national law to disputes concerning infringements of their domestic rights or whether states execise jurisdiction and apply national law to disputes arising from acts committed in their territories. These determinations may depend on the different interests taken into consideration, the different traditions upon which the legal systems are based, ad the characteristics and funtions of the IP rights.
This dissertation compares the interpretation and operation of the principle of territoriality in the private law resolution of transborder IP infringement disputes in the European Union and the United States. The comparison shows that the principle of territorality is interpreted and operates differently in the legal systems.