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EXTENDED TABLE OF CONTENTS

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

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INTRODUCTION

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

This chapter sets the limits for the study by defining the purpose, scope, jurisdictional advantages for the plaintiff (jurisdiction strategies) and limits. Keywords: purpose; scope; jurisdiction strategies; limits

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JURISDICTION FRAMEWORK

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

This chapter examines the jurisdiction framework applicable in both national IP and in European IP litigation. The jurisdiction framework is examined on a general level. Keywords: jurisdiction framework; ”fall back” rules

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JURISDICTION RULES

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

This chapter examines the jurisdiction rules applicable in both national and European IP litigation. The jurisdiction rules are examined on a specific level. Keywords: jurisdiction rules; ”fall back” rules

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GENERAL PRINCIPLES

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

This chapter examines the principles on which the jurisdiction rules are based. The principles are addressed on a general level. Keywords: principles of effective enforcement of IP rights; principles of private international law; principles of IP law

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DEFENDANT’S DOMICILE RULE

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

This chapter examines the defendant’s domicile rule. The rule is addressed in both national IP and in European IP litigation. The comparison leads to identifying the jurisdictional advantages for the plaintiff. Keywords: defendant’s domicile; article 4 Brussels I Regulation; articles 62 and 63 Brussels I Regulation

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ESTABLISHMENT RULE

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

This chapter examines the establishment rule. The rule is addressed in both national IP and in European IP litigation. The comparison leads to identifying the jurisdictional advantages for the plaintiff. Keywords: defendant’s establishment; article 7(5) Brussels I Regulation; case C-617/15, Hummel Holding A/S v Nike

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PLAINTIFF’S DOMICILE RULE

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

This chapter examines the plaintiff’s domicile rule. The rule is addressed in both national IP and in European IP litigation. The comparison leads to identifying the jurisdictional advantages for the plaintiff. Keyword: plaintiff’s domicile

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MULTIPLE DEFENDANTS’ RULE

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

This chapter examines the multiple defendants rule. The rule is addressed in both national IP and in European IP litigation. The comparison leads to identifying the jurisdictional advantages for the plaintiff. Keywords: multiple defendants; article 8(1) Brussels I Regulation; case C-539/03, Roche; case C-98/06, Freeport; case C-145/10, Eva-Maria Painer; case C-25/16, Nintendo Co. Ltd. v BigBen Interactive GmbH, BigBen Interactive S.A.

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FORUM DELICTI RULE

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

This chapter examines the forum delicti rule. The rule is addressed in both national IP and in European IP litigation. The comparison leads to identifying the jurisdictional advantages for the plaintiff. Keywords; forum delicti; article 7(2) Brussels I Regulation; case C-523/10, Wintersteiger; case C-360/12, Coty Prestige