The Principle of Territoriality and Cross-Border Infringement of Intellectual Property Rights: A Comparison of the Approaches in Japan, South Korea, Thailand and the U.S.

Generally, the principle of territoriality is applicable in the intellectual property law realm, meaning that intellectual property rights granted in a specific country are only effective within that country and that such rights do not extend outside such country’s borders. However, as the number of international transactions involving intellectual property rights increase, especially with the provision of goods and services via the internet in ways previously unimaginable, the boundaries of the areas where intellectual property rights granted in a particular country are effective have expanded and become ambiguous. This panel aims to provide practical insights on cross-border intellectual property right infringement cases by comparing the approaches of different countries to territoriality and examining recent trends in each country.