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.

Harmonizing Public and Private International Law
  I. Introduction
  II. Apple-Samsung IP Litigations
  III. Public and Private International Law on the IP
  IV. Legal Questions
  V. Suggestions and Conclusion

• Sung Pil Park(Professor Invitavit of Law at Korea Advanced Institute of Science and Technology (“KAIST”) Graduate School of Future Strategy)