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Journal of Intellectual Property Law & Practice Advance Access originally published online on May 22, 2008
Journal of Intellectual Property Law & Practice 2008 3(7):438-439; doi:10.1093/jiplp/jpn092
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© The Authors (2008). Published by Oxford University Press. All rights reserved

Current Intelligence

The Brussels Regulation and ‘abuse of process’ claims

Jason Rix and Sarah Garvey
Allen & Overy LLP, London
Email: sarah.garvey{at}allenovery.com

Research in Motion UK Limited v Visto Corporation [2008] EWCA Civ 153, 6 March 2008

The Court of Appeal for England and Wales dismissed Visto's appeal on the ground that the English action (including the defence and counterclaim) and the Italian proceedings were unrelated proceedings within Article 28 of Regulation 44/2001 (the Brussels Regulation), noting obiter that, without more, it would be wrong to say that commencement of an action in Italy was ‘abusing’ the system.

Correspondence: Email: jason.rix{at}allenovery.com


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