The Principle of Territoriality; Its Theoretical Foundation and Impacts on Legal System of Intellectual Property

If its historical ground is taken into account, the principle of territoriality has been established without relying on theoretical studies. Nevertheless, to understand the principle of territoriality and the ways it may be used in the form of laws in various fields of intellectual property, its theoretical and juridical foundations should be studied. Such study shows that this principle may be justifiably referred to in intellectual property. Results and consequences of applying the principle of territoriality are as follows: instances of intellectual property will have a national aspect and the legal systems which concern granting intellectual property rights will make decision about the foreigners in accord to national interests as well as religious and ethical restrictions. Of course, because of global development of intellectual property and necessity of international cooperation, this principle has undergone some improvements and modifications. For example, we may mention recognition of foreigners’ rights under special conditions, acceptance of the right of priority through applying economic policies in the form of parallel imports.