The Intellectual Property Exception in the 2019 Hague Judgments Convention in the Digital Economy: A Comparative Critical Study

Abstract

The 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters represents a landmark instrument in private international law, providing a multilateral framework for the cross-border recognition and enforcement of judgments. Nevertheless, its broad exclusion of intellectual property (IP) matters from the Convention’s substantive scope—as stipulated in Article 2(1)(m)—raises fundamental questions regarding whether the Convention, in its current form, adequately serves the interests of innovators, rights holders, and the global knowledge economy. This study critically examines the intellectual property exclusions contained in the 2019 Hague Judgments Convention, questioning whether these exclusions constitute systemic barriers to the effective protection of innovation in an increasingly borderless digital environment. Using a comparative doctrinal methodology, the study analyzes the Convention’s exclusionary framework alongside comparable instruments from the European Union, the United States, and the TRIPS Agreement. It argues that although the exclusion of intellectual property reflects legitimate concerns rooted in the territorial nature of IP rights and the risk of conflicting judgments, it simultaneously creates significant enforcement gaps that disadvantage rights holders, particularly within the context of the digital economy. The study concludes by proposing a gradual inclusion framework as a potential reform pathway, suggesting that a selective and context-sensitive approach to the enforcement of intellectual property judgments under the Convention would better reconcile the dual objectives of legal certainty and innovation promotion.