Multinationales et droit de la propriété intellectuelle – Le cas des savoirs traditionnels

The present contribution provides an overview of various issues susceptible to arise in the international management of intellectual property right. Chapter I deals with patents and describes, on the one hand, a variety of legal options (novelty, exhaustivity, mandatory licensing, ...) that States can take to influence the management of patent portfolios abroad and, on the other hand, the forum shopping strategies that multinationals may implement to take advantage from the rules that favor them most. Chapter II deals with traditional knowledge issues and lists the various methods of protection – whether defensive or offensive – that States may implement to prevent free exploitation of traditional knowledge abroad. Sui generis regimes, trade secrecy, unjust enrichment and extra contractual liability are discussed. Various examples are given.