Proposal for a regulation of the European Parliament and the Council on the law applicable to non-contractual obligations (Rome II)
In July 2003, the Commission presented a proposal for a regulation on the law applicable to non-contractual obligations (Rome II)
=> Download PDF file ... The purpose of this proposal is to ensure that the courts of the Member States apply the same rules of conflict to cross-border disputes involving non-contractual obligations. The basic rule (Article 3 of the proposed regulation) leads, in general, to the application of the law of the place where the damage has occurred (lex loci delicti commissi). The proposed regulation also contains specific rules for particular matters such as the infringement of intellectual property rights (Article 8 of the proposed regulation). Article 8 provides that "the law applicable to a non-contractual obligation arising from an infringement of an intellectual property right shall be the law of the country for which protection is sought". According to Commission's explanatory memorandum, this means that the courts have to apply the law of the country where the violation is committed. It is the application of the lex loci delicti principle. This corresponds to the general interpretation made of Article 5, 2 of the Berne Convention. This rule covers all questions concerning neighbouring rights (existence, duration, tenure, exercise of rights). Indeed, Article 25 of the proposed regulation has no influence in the domain of neighbouring rights since there is no pre-existing international rule in this domain. The President of the European Parliament has referred the Commission's proposal for a regulation to the Committee on Legal Affairs and the Internal Market which has appointed MEP Mrs. Diana Wallis as rapporteur. Mrs. Wallis has presented two working documents (Rome II - part I and part II - PDF file) as well as a draft report (=> Download PDF file) Due to the European elections, the Parliament's work on this proposal will restart in the autumn.
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