Territoriality At The Crossroads Of International Trademark Law

The purpose of this research is to examine the past, present and future value of the territoriality doctrine in the field of international trademark law. When countries initially adopted the concept of territoriality, the primary intention was to respond to the existing territory-bound nature of trade and commerce. As a result trademark law confers on the trademark owner rights that are limited by national boundaries. Trademark rights cannot be infringed outside the jurisdiction of the country recognizing registration.However, things have changed, so much so that today's realities are anything but territorial. Present developments at both the national and international markets made territoriality less responsive and aligned to today's realities and needs. Both the public and private sectors must place greater emphasis on trademark protection to a much greater extent. Thus, there is a need to revaluate our traditional conception of trademark and its established doctrines.