A Global Appraisal
Edited by Annette Kur, Marianne Levin and Jens Schovsbo
Chapter 8: From law in books to enforcement in court: jurisdiction, applicable law, and sanctions
The chapter gives an overview on jurisdiction, applicable law and sanctions concerning design rights in the EU, on the national level as well as in regard to CDRs. The issue is of practical importance, as the market for designs has no linguistic barriers and therefore often extends over several national borders or to the EU in its entirety. While cross-border enforcement of rights still poses certain challenges, it has become easier inter alia by clarifying decisions delivered by the Court of Justice. However, certain gaps still must be filled, such as in particular the promulgation of uniform sanctions for infringement of union-wide rights, which must be complemented by a likewise uniform body of procedural defences for the alleged infringer.
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