Document Type
Article
Abstract
This Article argues that, as a result of antithetical judgments and settlements, the Google Book Search dispute threatens to further entrench the principle of territoriality in the treatment of intellectual property in transnational disputes, forestalling the development of a cohesive body of law. However, the best way forward in this legal environment is the increased use of collaboration mechanisms, such as cooperation and consolidation of cases by courts. Part II explains the existing legal framework through a detailed comparison of the current “soft law” instruments for the private international law for intellectual property. This part also contains a table for a useful comparison of the soft law instruments. Part III explains the global dispute surrounding Good Book Search, including the pending settlement in U.S. Federal Courts and the judgment against Google Inc. in France. Part IV analyzes the implications of the Google Book Search dispute by applying the soft law instruments to the dispute to ascertain which instrument would be the best tool for settling this dispute. Part V concludes that under the current legal framework, utilization of collaboration mechanisms by court is the best method for the resolution of transnational intellectual property disputes and looks ahead to recently filed cases that may provide more insight into the trend developed here.
Recommended Citation
Adrienne Lester,
The Implications of the Google Book Search Dispute for the Private International Law of Intellectual Property,
16 J. Tech. L. & Pol'y
(2011).
Available at: https://scholarship.law.ufl.edu/jtlp/vol16/iss1/5