@article{42128,
      author = {Peukert, Alexander},
      url = {http://tind.wipo.int/record/42128},
      title = {Territoriality and Extraterritoriality in Intellectual  Property Law},
      abstract = {It is often said that intellectual property (IP) rights  are territorial in nature. This territoriality principle  has several distinct dimensions on the level of substantive  IP law, private international law and international  conventions. Whereas it is true that there are examples of  an overly rigid territorial thinking, in particular as  regards jurisdiction concerning foreign IP rights, one can  also observe an opposite trend towards unilateral  expansions of national jurisdiction to overcome the  territorial limits of IP law. Namely, the local IP regime  is applied extraterritorially to activity occurring in  other territories.  This article identifies the loophole in  the territoriality principle, which allows for  extraterritoriality in the first place. It then outlines  relevant examples taken from the patent, copyright and  trademark laws of different countries, predominantly from  U.S. and German legislation and court practice. These  examples are classified into two groups, depending on the  primary purpose of the provision in question. Inbound  regulation concerns situations in which a territory is  shielded from spillover effects stemming from  extraterritorial activities. Outbound regulation aims at  enforcing the local IP regime with regard to activities and  effects in foreign territories. The concluding section  explains why unilateral “extraterritorialism” deserves  as much scrutiny as does an overly rigid  “territorialism”.},
      recid = {42128},
      pages = {41 pages},
}