Title: LL.D. in Private Law
Telephone: + 46 8 16 41 60
Lydia Lundstedt is a researcher and lecturer at the Department of Law at Stockholm University. Her research focuses on intellectual property law and private international law. She teaches these subjects along with American law at Stockholm University as well as at other Swedish and European universities. Lydia was awarded a LL.D. degree in 2016 from Stockholm University. She has a Swedish law degree from Stockholm University, a U.S. law degree from the American University, Washington College of Law, and a bachelor of arts degree from George Washington University. She is a member of the New York and Washington, D.C. bar.
Territoriality in Intellectual Property Law: A comparative study of the interpretation and operation of the territoriality principle in the resolution of transborder intellectual property infringement disputes with respect to international civil jurisdiction, applicable law and the territorial scope of application of substantive intellectual property law in the European Union and United States
A premise underlying the principle of territoriality in intellectual property (IP) law is that each state determines the extent to which IP rights exist and are protected within its own territory to fulfill its own policy goals. The principle informs that the rights conferred under each state’s IP rights are limited to the territory of that state. As the principle of territoriality allocated jurisdiction among states, it obviated the need for private international law.
Today, infringements do not remain within hermetically sealed national territories. This raises the question whether the territorial scope of application of the domestic IP law is interpreted with respect to a domestic act or effects. In addition, this raises questions of private international law with respect to whether states exercise jurisdiction and apply national law to disputes concerning infringements of their domestic rights or whether states exercise jurisdiction and apply national law to disputes arising from acts committed in their territories. These determinations may depend on the different interests taken into consideration, the different traditions upon which the legal systems are based, and the characteristics and functions of the IP rights.
This dissertation compares the interpretation and operation of the principle of territoriality in the private law resolution of transborder IP infringement disputes in the European Union and the United States. The comparison shows that the principle of territoriality is interpreted and operates differently in the two legal systems.