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Intellectual Property Jurisdiction Strategies

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

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.
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FIGURES

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

3.1   The international jurisdiction rules applying to a national IP right

3.2   The international jurisdiction rules applying to the EUTM

3.3   The international jurisdiction rules applying to the CD

3.4   The international jurisdiction rules applying to the CPV

3.5   The international jurisdiction rules applying to the UP

4.1   Proximity principle development

9.1   Forum delicti rule development

9.2   Places to bring the action under the forum delicti rule