The law applicable to industrial property rights according to the rules of conflict of laws.

Industrial property rights have recently begun to face new challenges, as national borders have lost their significance due to the emergence of new forms of technology, which has contributed to the increase and diversification of violations and piracy affecting industrial property rights, particularly patents and trademarks. It quickly became evident that the established rules in the Paris and TRIPS agreements are not sufficient on their own to resolve these international disputes regarding industrial property rights. Moreover, these agreements have not succeeded in unifying all the legal rules related to industrial property rights among different countries. This leads us to encounter fundamental differences between the law of the country where the right originates and the law of the country where protection of the right is sought. Therefore, there is no avoiding resorting to the rules of conflict of laws to fill the gaps in the rules of conventional international law governing these rights. However, as soon as we resort to these rules, we face another problem, which is determining the law applicable to the dispute, because the application of the laws of one country by the courts of another country is unusual and judges often hesitate to do so due to concerns that foreign law may be applied incorrectly due to a lack of full knowledge of its rules and provisions.