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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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Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

This study is the result of my employment at the Faculty of Law, University of Copenhagen. Since the first draft in 2014 both intellectual property law and private international law have been subject to changes. In intellectual property law the European Trademark Regulation has replaced the Community Trademark Regulation and in private international law the new Brussels I Regulation has replaced the old Brussels I Regulation. Also, new case law has brought about some changes. These developments have all been written into the study. Brexit is, however, not addressed.

I wish to thank my parents and my partner in life, Tina, for being supportive, encouraging and helpful. Even in the toughest of times you still believe in me. Also, thank you to my former colleagues at the University of Copenhagen and to my new colleagues at Aalborg University for an inspiring and cheerful environment. Thank you also to my colleagues in legal practice for your comments. Thank you in particular to Professor PhD Morten Rosenmeier for always being so fair, to Professor dr. jur. Thomas Riis for your time, your patience and your advice in the process and to Professor Dr. Annette Kur for being an inspiration. Also, a special thank you to Associate Professor Andreas Ehlers, attorney-at-law, partner Simon Krogh and Professor PhD Rasmus Kristian Feldthusen for the talks and laughs in the process. Especially the latter kept me going. Finally, thank you to Professor PhD Peter Arnt Nielsen for your comments in the final phase and to all of you at Edward Elgar Publishing for being so kind and professional.

Finally, the text may at times appear mechanical and staccato. The style is chosen in order to compress the text and to apply the same structure throughout the study. My apologies to the reader for the inconvenience. All errors are, of course, my responsibility. The law is stated as 1 January 2017.


‘Ikkun fremad og fremad og aldrig forknyt

Har til målet man nået sætter straks man et nyt’

Torsten Bjørn Larsen


February 2017