Which law should govern my IP contract?

Another golden oldie. Will Brexit affect the analysis when deciding which law to choose? Probably not, as surely the UK government will see sense in continuing to participate in the Rome Convention or something very similar. International legal service are too important for the UK economy for the government to allow little Englander politics to override international participation and cooperation. Or at least that is IP Draughts’ prediction. More reliable than Old Moore’s Almanack? We’ll see in 2 years.

IP Draughts

Many IP contracts are made between parties based in different countries or US states.  Often, one of the points for negotiation is which law should govern the contract.

Sometimes, this point is easily resolved, as in the following examples:

  1. If a Japan-based multinational is negotiating with a small English company, the parties may be happy to agree English law.  The multinational may have English lawyers on its staff, or be willing to pay for external legal advice, and may have a general level of comfort with English law.
  2. If a US-based pharmaceutical company is negotiating the terms of a clinical trial agreement with a French hospital, the company may realise that there is very little chance of the hospital agreeing anything other than French law.  There may, in any case, be advantages in having contract issues (eg indemnities) dealt with under the same system of law as that under which…

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