국제저작권소송에서의 준거법 결정에 관한 국제적 동향

Copyrights are increasingly traded internationally as the development of transportation and the internet. At the same time, questions of jurisdiction and choice of law have become increasingly important in the field of intellectual property law. The existing legal framework for deciding jurisdiction and choice of law rules for copyright law derives from two sources, copyright rules(domestic copyright law and International instruments on copyright) and private international law rules(domestic private international law and international instruments). Because of the intangibility of copyright and lex loci of private international law, both rules hardly seem to be in harmony. Specifically the internet makes the choice of law more difficult in international copyright disputes. Generally, by the article 5(2) of Berne Convention, under the territoriality, the rule of the choice of law is lex protectionis. As the article 5(2) is very ambiguous and polysemous, lex protectionis in the choice of law is not sufficient to solve the problems related whole international copyright disputes, for example, ubiquitous infringement of copyright. This study reviews the general rule of the choice of law under the international copyright legal framework and then points out the deficits of the rules. It also examines the rule of the conflict of law under the Korean private international law. After considering the current environment of choice of law rules, it studies the international efforts to unify the international conflict of law rules. For this, it compares three proposals from ALI principles, CLIP and the Global COE project.