Multi-national Patent Protection: Lex Loci Protectionis, a Case for Harmonizing International Patent Law

Abstract

The problems, perceived and actual in enforcement of patents are reported regularly by patentees and potential patentees as a handicap to the effectiveness of their rights or a disincentive to apply for them. 1With the advancement of technology and streamlined access to international markets, inventors have a vital interest in protecting the propriety of their inventions in foreign countries.2The enforcement of patent rights beyond territorial limits has drawn considerable international attention. This is largely due to the territorial limitation of national laws 111 providing protection to patent right holders. Patent protection has existed for a long time. In 1883, the Paris International Convention for the Protection of Industrial Property ("Paris Convenrion'Y.' By this convention a foundation was established for international patent cooperation. However the convention in regard to the present day realities falls short in meeting critical expectations.l/vccording to Professor Donald S. Chisum, "The increasing interdependence of the global economy and the growing concern over the cost of multinational intellectual property rights procurement and enforcement that makes territoriality anunacceptable obstacle to international trade".5............................................................