Date of Award

7-2025

Document Type

Thesis

Degree Name

Master of Science (MS)

First Advisor

Saeid Habiba

Second Advisor

Carys Craig

Third Advisor

Mojtaba Eshraghi Arani

Abstract

In today's global landscape, protecting intellectual property in international commercial contracts is of paramount importance. Addressing concerns and establishing clear terms for intellectual property protection is crucial due to the prevalence of infringements and varying interpretations. The International Chamber of Commerce (ICC) has taken a significant step by introducing Incoterms within the framework of international goods sales. These commercial terms play a major role in international trade law, extending beyond mere contractual regulations. On one hand, they reflect commercial customs, and on the other, they precisely define the rights, obligations, and duties of the involved parties to prevent disputes and differing interpretations in contracts related to the sale of goods.

Despite differences in standards and nature, Incoterms modeling can play a significant role in shaping international commercial intellectual property terms (IncoIPterms). Not only can they prevent disputes and varying interpretations concerning intellectual property, but they also facilitate international trade and ensure commercial security by establishing terms that transcend jurisdictional boundaries.

Nevertheless, despite the diversity of issues in the field of intellectual property law and the principle of territoriality in intellectual property rights, it is possible to formulate international commercial intellectual property terms to prevent disputes and varying interpretations arising from differences in national laws. This can be achieved by considering existing legal interpretations and commercial customs in intellectual property contracts, including the doctrine of exhaustion of rights and the distinction between the creation and enforcement stages of rights.

Comments

"A Thesis Submitted to The Graduate Studies Office in Partial Fulfillment of The Requirements for the Degree of Master of Science"

"A portion of this thesis project was conducted as an International Visiting Research Trainee at Osgoode Hall Law School, York University, in Toronto, Canada (2024-25)"

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