Research Handbook on the Brussels Ibis Regulation
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Research Handbook on the Brussels Ibis Regulation

Edited by Peter Mankowski

This timely Research Handbook addresses the cutting edges of the Brussels Ibis Regulation, in particular its place within the overall system of EU law and its adaptations in response to lawsuits or the needs of particular industries. Featuring original research by leading academics from across Europe, chapters take a systematic approach to examining a broad variety of topics in relation to this, analysing the most recent developments in legislation and practice and providing an outlook on the future of this field of EU law.
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Chapter 6: Intellectual property and the Brussels Ibis Regulation

Christian Heinze and Cara Warmuth

Abstract

This chapter addresses the interface between the Brussels Ibis regime and intellectual property (IP). By going through selected jurisdiction and enforcement provisions, it provides an overview of the European civil procedural framework within which IP litigation operates. The chapter gives a nuanced assessment of the Regulation’s suitability for IP disputes: in spite of the general nature of the Brussels Ibis Regulation jurisdiction rules, it is argued that the Regulation provides appropriate solutions for the special field of IP litigation. In some cases, however, an IP-specific interpretation of general rules (such as tort jurisdiction) is required. Although the Regulation’s rules of jurisdiction seem to be a better fit for unregistered than registered rights, the problems that arise for registered rights are mainly caused by the unfortunate GAT/LuK judgment and its adoption in Article 24(4) Brussels Ibis. Set in this context, future directions for improving crossborder IP litigation, stimulated for example through the Hague Judgments Convention (HJC), are discussed

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