Protection of Trademarks in Private International Law

Asst. Prof. Dr. A. Kübra Altıparmak Elmas⁕

Trademark infringements are gaining different dimensions and creating new questions due to technological advancements in e-commerce. This study aims to offer new answers to questions regarding cross-border trademark infringements from a private international law perspective, and examines in particular, how to determine the applicable law and the international jurisdiction of the courts.

The study examines how “trademark territoriality” shapes the rules of private international law and proposes a more flexible territorial approach regarding trademark infringements. In this context, American courts’ conservative “extra-territorial” approach which protects American trademarks against infringements committed abroad, the problems and solution suggestions that arise in trademark infringements committed over the internet and other related issues are also discussed in detail.

For the full text of this blog post in Turkish, please click here.

⁕ Anadolu University School of Law, Department of Private International Law.