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Lex loci protectionis et droit d'auteur

Abstract : The principle of territoriality dominates the field of intellectual property and that of copyright. If this principle and the conflict rule it inspires, the lex loci protectionis, were real advances at the end of the 19th century, they are nowadays difficult to convince. Indeed, the principle of territoriality, which is linked to the principle of sovereignty in its dimension of regulation of the internal legal order, is undergoing multiple challenges. However, because of the intensification of transnational exchanges, the extension of markets, the rise of private economic powers, the dematerialised exploitation of works and in particular the possibility of disseminating them on global networks such as the Internet, sovereignty tends to lose significance. This forces us to question the relevance of a territorial connection to a-territorial realities. Maintaining the principle of territoriality as it stands, in terms of conflict of laws, then reaches legal security and the legitimate expectations of the parties. The approach taken in this work is that of a re-evaluation. It emerges in fact that the retreat in transnational relations of the principle of sovereignty - which underlies the principle of territoriality - should be translated in terms of conflict rule by a retreat of the said territoriality. Against the general trend which confirms the hegemony of the lex loci protectionis, the present work proposes, on the one hand, to circumscribe its competence in the fields where the principle of territoriality is not imposed as a necessity, and on the other hand to reorient the connection in such a way as to limit the competition of the applicable laws. In other words, to reserve a place for universalism understood as a bulwark against the variability of the applicable law and the legal insecurity that this variability could entail.
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Submitted on : Wednesday, December 1, 2021 - 1:02:23 AM
Last modification on : Thursday, August 4, 2022 - 4:56:40 PM
Long-term archiving on: : Wednesday, March 2, 2022 - 6:21:18 PM


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  • HAL Id : tel-03459434, version 1



Harry Aba'a Megne. Lex loci protectionis et droit d'auteur. Droit. Université Côte d'Azur, 2020. Français. ⟨NNT : 2020COAZ0013⟩. ⟨tel-03459434⟩



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