Skip Navigation


Journal of Intellectual Property Law & Practice Advance Access originally published online on November 14, 2006
Journal of Intellectual Property Law & Practice 2006 1(13):850-857; doi:10.1093/jiplp/jpl179
This Article
Right arrow Full Text
Right arrow Full Text (PDF)
Right arrow All Versions of this Article:
1/13/850    most recent
jpl179v1
Right arrow Alert me when this article is cited
Right arrow Alert me if a correction is posted
Services
Right arrow Email this article to a friend
Right arrow Similar articles in this journal
Right arrow Alert me to new issues of the journal
Right arrow Add to My Personal Archive
Right arrow Download to citation manager
Right arrowRequest Permissions
Google Scholar
Right arrow Articles by Joseph, P.
Right arrow Search for Related Content
Social Bookmarking
Add to CiteULike   Add to Connotea   Add to Del.icio.us  
What's this?

© The Author (2006). Published by Oxford University Press 2006. All rights reserved

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

Paul Joseph *

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.

*Freshfields Bruckhaus Deringer


Add to CiteULike CiteULike   Add to Connotea Connotea   Add to Del.icio.us Del.icio.us    What's this?




Disclaimer: Please note that abstracts for content published before 1996 were created through digital scanning and may therefore not exactly replicate the text of the original print issues. All efforts have been made to ensure accuracy, but the Publisher will not be held responsible for any remaining inaccuracies. If you require any further clarification, please contact our Customer Services Department.