Valuing "Domestic Self-Determination" in International Intellectual Property Jurisprudence

In an era of increased globalization of intellectual property law and policy, a key challenge for domestic and international intellectual property law makers will be the balancing of domestic and international concerns. In intellectual property law, the latter are frequently given expression through the principle of territoriality. Professor Austin's Article examines the continued viability of the territoriality principle and the value of domestic self-determination in international intellectual property jurisprudence in both the private and public international law contexts, and discusses ways that the value of domestic self-determination might be balanced with the need for international cooperation in the international intellectual property context. This analysis provides a framework for scrutiny of the Draft Convention on Jurisdiction and Recognition of Judgments in Intellectual Property Matters proposed by Professors Dreyfuss and Ginsburg.

Professor Austin explores ways in which the draft convention is and is not consistent with the value of domestic self-determination.