Research Handbook on Cross-border Enforcement of Intellectual Property
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Research Handbook on Cross-border Enforcement of Intellectual Property

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.
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Chapter 14: International enforcement of intellectual property: The approach of the English courts

Peter Ellis


Enforcement of any legal right requires a systematic scheme of law and procedure. What follows is not a description of private international law, nor is it a summary of the rights which are bound together as intellectual property (IP) law. It is certainly not an explanation of the approach taken by courts in Europe, America or elsewhere. It is a short summary seen through English eyes of ways in which the English courts have dealt with matters with an international element. The court can only deal with cases as they come for trial. The court is neither the investigator nor the advocate. It must try the issues as presented by the parties. I am not worthy to bring this chapter before you, trusting in my own experience but it is the manifold wise judgments of those quoted that teaches and describes the efforts of our judiciary to deal with international enforcement of intellectual property. Sir Christopher Floyd kindly gave some time to the research questions and described as important the issue of international enforcement of intellectual property. His observation reflects the rise in cases with an international element which come before the courts. There is much written about the black economy and the value of trade in counterfeit goods placed on the market by organised crime. This is not about that business either.

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