Table of Contents

Research Handbook on Cross-border Enforcement of Intellectual Property

Research Handbook on Cross-border Enforcement of Intellectual Property

Research Handbooks in Intellectual Property series

Edited by Paul Torremans

The Research Handbook on Cross-border Enforcement of Intellectual Property systematically analyses the unique difficulties posed by cross-border intellectual property disputes in the modern world. The contributions to this book focus on the enforcement of intellectual property primarily from a cross-border perspective. Infringement remains a problematic issue for emerging economies and so the book assesses some of the enforcement structures in a selection of these countries, as well as cross-border enforcement from a private international law perspective. Finally, the book offers a unique insight into the roles played by judges and arbitrators involved in cross-border intellectual property dispute resolution.

Chapter 11: Ubiquitous and multistate cases

Sophie Neumann

Subjects: law - academic, intellectual property law, private international law

Extract

This chapter addresses the problems arising for the cross-border enforcement of intellectual property rights in ubiquitous or multistate scenarios and the possible solutions of facilitating enforcement in these cases. The cross-border enforcement of intellectual property rights is particularly challenged in case of ubiquitous or multistate infringement. The term ‘ubiquitous infringement’ refers to an infringement of an intellectual property right that results from the same factual setting and at least potentially occurs worldwide or virtually in every state. Ubiquitous infringement thus concerns copyright or well-known unregistered trademarks whose protection does not depend on an act of registration so that they can be protected in virtually every state. In order to affect every state of protection worldwide the infringement needs to be conveyed by ubiquitous media; in most cases it will occur through the internet. The term ‘multistate infringement’ refers to an infringement of an intellectual property right that results from the same factual setting and occurs in a multitude of states without meeting the requirement of occurring potentially worldwide. Multistate infringement scenarios may therefore involve both unregistered and registered intellectual property rights. As indicated by the title of this research handbook, ubiquitous and multistate scenarios will be discussed under the theme of enforcement. Responding to this chapter’s insertion in the private international law part of the book, it will discuss ubiquitous and multistate scenarios with a focus on private international law.

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