Cooperation through conflict of laws: The justiciability of cross-border copyright infringement

Abstract

INTRODUCTION This chapter discusses ways that conflict of laws (or private international laws) might contribute to the broader aims of intellectual property interoperability - that is, the working together of different nations’ intellectual property systems in contexts where harmonization is not a realistic possibility. As Elizabeth Ng has explained, the “ASEAN Way” emphasizes consensus, noninterference, and respectful recognition of each nation’s sovereignty interests, with at the same time a desire to move forward together in a cooperative manner, while giving due recognition to different levels of development. These issues are by no means unique to the Association of Southeast Asian Natio..