Journal Article

The rise and fall of cross-border jurisdiction and remedies in IP disputes

Paul Joseph

in Journal of Intellectual Property Law & Practice

Volume 1, issue 13, pages 850-857
Published in print December 2006 | ISSN: 1747-1532
Published online November 2006 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpl179
The rise and fall of cross-border jurisdiction and remedies in IP disputes

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  • Arbitration
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Legal context. Companies which have seen their IP rights infringed across Europe have, in recent years, been keen to obtain cross-border relief from infringement through bringing a single action in the court of just one EU Member State. This approach has time, cost and tactical advantages for claimants, but raises complex jurisdictional questions.

Key points. This article provides an in-depth explanation of the framework for litigating IP rights in the European Union. It describes the various interpretations to which the Brussels Regulation on Jurisdiction has been subjected and how they affect the availability of cross-border relief. This explanation provides a foundation for analysing the recent ECJ decisions in Gat v Luk and Roche v Primus.

Practical significance. Cross-border jurisdiction and relief is, in practice, no longer available in respect of registered rights.

Journal Article.  4653 words.  Illustrated.

Subjects: Arbitration ; Intellectual Property Law

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