JEAIL > Volume 7(2); 2014 > Articles
Research Paper
Published online: November 30, 2014
DOI: :

Harmonizing Public and Private International Law: Implications of the Apple vs. Samsung IP Litigation

Sung Pil Park
Graduate School of Future Strategy, KAIST
291 Daehak-ro, Yuseong-gu, Daejeon 305-701, Korea
Corresponding Author:

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License ( which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.


IP litigations over mobile digital devices are soaring in many jurisdictions. Based on the observation that the same or closely related infringement claims over the IP rights embedded in a single digital product have been raised in multiple jurisdictions, some literature and legislative proposals suggest that an international jurisdiction over such litigations are necessary. This article aims to explore practical roadmaps to establish public international "conflict of laws" that can serve administering IP dispute resolution among MNCs. The author will start by reviewing both public international laws on IPRs including the Paris Convention, PCT, the Geneva Convention, the TRIPs, and their private counterparts. Institutional aspects of the WTO and the WIPO administering such as public international IP laws will also be examined. Agreeing with the proposed idea of establishing 'public' private international IP laws, this article will propose a more practical roadmap to establish time and cost efficient IP dispute resolution mechanism: the IP5 Collaboration Model.

Keywords : MNCs, IP, Apple-Samsung IP Litigation, Paris Convention, Berne Convention, PCT, TRIPs, EPC, IP5 Collaboration Model

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