From Territorial to Universal-The Extraterritoriality of Trademark Law and the Privatizing of International Law

Legal doctrines, aided and abetted by interpretations of the courts, carry the force of law. The implication is that when courts settle matters, they often go beyond the scope of current intellectual property legislation. Furthermore, global problems in intellectual property may require the participation of private intellectual property rights owners to bring suit. This, in turn, often creates more problems due to the territorial, trans-territorial, and extraterritorial reach of the law, especially with respect private trademark rights.

I explore this and other legal conundrums in this Article. The key concern addressed in the Article is how far trademark law is privatizing international law.