European Journal of Law Reform

Article

Extraterritorial Application of National Trademark Laws

Conflict of Laws and the Changing Nature of Sovereignty and Territoriality

Keywords trademark, territoriality, extraterritoriality, corrective justice, conflict of laws
Authors Bahareh Izadpanah en Mahmood Bagheri
Author's information

Bahareh Izadpanah
Bahareh Izadpanah is an LLM student, Boston University.

Mahmood Bagheri
Mahmood Bagheri is Course Director for LLM in International Corproate Corporate Goverance, Financial Regulation and Economic Law, Institute of Advanced Legal Studies, University of London, e-mail: Mahmood.bagheri@sas.ac.uk.
  • Abstract

      Under public international rules all countries are equal sovereigns which have an absolute sovereignty within their territory. The globalization and economic integration and the advent of the internet has in fact blurred the clear-cut national borders making the concept of territoriality not effective and relevant in terms of the scope of exercise of national sovereignty. For this reason, a country like the United States with great economic, financial and military power could in fact have more meaningful power to exercise jurisdiction beyond its national borders. This is not only a legal assertion of jurisdiction but also a de facto power with the sanctionable remedies exercised within the United States with the deterrent effects beyond its national borders. Whether this exercise of power is legitimate under public international law is not a settled matter. Trademark law is one of the contexts in which the legitimacy of international application of national law should be examined.

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