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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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Chapter 11: EXCLUSIVE JURISDICTION RULE

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

Extract

This chapter examines the exclusive jurisdiction 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: exclusive jurisdiction; article 24(4) Brussels I Regulation; case C-4/03, Gat Luk

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