Law Intellectual Property / Patent / Copyright

Intellectual Property Jurisdiction Strategies: Where to Litigate Unitary Rights vs National Rights in the EU

By Torsten Bjorn Larsen
Edward Elgar Publishing October 2017

Specifications

ISBN-13
9781786437501
Publisher
Edward Elgar Publishing
Publication
October 2017
Format
Hardback
Jurisdiction
European Union ? Countri(es) for reference only

Details

This timely and practical guide compares the jurisdictional advantages of litigating a national IP right with those of the corresponding European unitary IP right.

The study offers IP practitioners a meticulous yet principled basis for their jurisdictional decisions and shows why it is advantageous for infringers to litigate based on a national IP right and rightholders to litigate based on a European unitary IP right.

Table of Contents

PART I: INTRODUCTION
1. Introduction

PART II: NUMBER OF JURISDICTION RULES
2. Jurisdiction framework
3. Jurisdiction rules

PART III: NATURE OF JURISDICTION RULES
4. General principles
5. Defendant's domicile rule
6. Establishment rule
7. Plaintiff's domicile rule
8. Multiple defendants' rule
9. Forum delicti rule
10. Central division rule
11. Exclusive jurisdiction rule

PART IV: CONCLUSION
12. Conclusion

Index

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