CLIP 원칙의 소개 및 우리 법과의 비교- 준거법에 대한 규정을 중심으로 -

It has been suggested that close attention should be paid to the progress of international efforts on international intellectual property law. Since there have been many actual initiatives, among them the Principles for Conflict of Laws in Intellectual Property (“CLIP principles”) prepared by the European Max-Planck Group on Conflict of Laws in Intellectual Property in 2011 are valuable to Korea as a subject of comparative legal research. In this paper, based on the existing introduction to the CLIP principles and the recently published official commentary, the principles are analyzed and compared with the Korean law. As a result, the CLIP principles could be implications for the revision of the Korean private international law especially at following points: (1) in the absence of choice, factors to be considered for determining a governing law of a license agreement; (2) application of lex protectionis for overall issues related to intellectual property rights themselves; (3) conflict－of－law rules for ubiquitous infringements; and (4) an exceptional application of lex contractus for the initial ownership. I hope that further studies on the CLIP principles and other proposals will continue and contribute to the development of international intellectual property law and the revision of the Korean private international law.