INTERNATIONAL JURISDICTION IN INTELLECTUAL PROPERTY MATTERS: IS THE RIGHT OF ACCESS TO JUSTICE GUARANTEED?

This paper aims to provide an overview of international jurisdiction rules when it comes to intellectual property. Moreover, it provides an analysis of whether access to justice is guaranteed in international conflicts related to intellectual property. Firstly, the concept of international jurisdiction and its related principles are defined. Secondly, an explanation of the intellectual property rights is done in order to introduce the analysis of how international instruments regulate these conflicts. International and national case law are also analyzed. Lastly, it is concluded that legal uncertainty in this field can be itself an obstacle to access to justice.