Industrial property rights are private rights that have a material and sovereign nature. By their
nature they are absolute and refer to immaterial goods. Exclusivity is also an important feature
that limits the use of rights only to the holder.
Private international law, in relation to industrial property rights, comes to the forefront the
territorial principle, whereby rights are limited to the country that issued them or in which they
are registered. This raises the question of the jurisdiction of the courts, the application of law
and the recognition and enforcement of those rights.
At the beginning of the master's degree thesis, the characteristics of industrial property rights
are briefly described, in order to understand the purpose of the regulation in individual legal
acts. It follows a description of the link of these rights with international private law, and then
a description of the legal sources of private international law in the field of industrial property.
The main part of the master's degree thesis focuses on the provisions on jurisdiction, which are
covered by the Slovenian Private International Law and Procedure Act, by the Brussels I bis
Regulation and the Lugano Convention. In addition, the substantive part also tackles the conflict
of laws rules of the Rome I and Rome II Regulations. For each of these sets of rules, there is a
special chapter that deals with violations of these rights on the Internet. The description of the
provisions concerning recognition and enforcement of judgements is not covered in this master
degree. Only acts containing those rules are mentioned. This is because there are no specificities
regarding industrial property rights in respect of recognition and enforcement and that they are
subject to general rules.
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