Commentary

B5.306 The situs of intellectual property

Business tax
Business tax | Commentary

B5.306 The situs of intellectual property

Business tax | Commentary

B5.306 The situs of intellectual property

On a conflict of laws analysis1, intellectual property rights are situate and justiciable in the separate jurisdictions where they are recognised. The owner of UK copyright cannot sue under UK law for infringements carried out overseas2. However, the owner may simultaneously be entitled to copyright in the jurisdiction concerned, and so have local rights of action. Goodwill is increasingly regarded as an international asset3, although the UK courts have been reluctant to adopt such a view4. For capital gains tax purposes, goodwill is treated as situate at the place where the trade, business or

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