Journal Article

<i>GAT</i> and <i>Roche</i> — <i>idola fori, teatri, specus</i>: Regulation 864/2007 makes cross-border patent litigation possible

Mario Franzosi

in Journal of Intellectual Property Law & Practice

Volume 4, issue 4, pages 247-255
Published in print April 2009 | ISSN: 1747-1532
Published online April 2009 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpp019
GAT and Roche — idola fori, teatri, specus: Regulation 864/2007 makes cross-border patent litigation possible

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Legal context

Legal commentators have argued that the GAT and Roche ECJ decisions of 2006 brought an end to the cross-border enforcement of patents in Europe.

Key points and practical significance

This is somewhat exaggerated, but in any event should not hold true after EU Regulation 864/2007 modified the legal system. It is the author's opinion that:

- if the infringer is sued in his domicile, the court also has jurisdiction for foreign infringements (Article 2, Reg. 44/2001);

- if the infringer is sued in the place of the major infringement, less significant infringements that occur abroad can also be litigated (Article 5.3);

- if the principal infringer is also sued in his domicile for foreign infringement(s), the Court also has jurisdiction on foreign entities colluding in the foreign infringement(s) (Article 6.1).

So, if cross-border enforcement of patents was killed by GAT and Roche, the enactment of Regulation 864/2007 brought an end to this. ‘Vive le cross-border!’

Journal Article.  7071 words. 

Subjects: Arbitration ; Intellectual Property Law

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