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Part A Jurisdiction, 1 Creation and Validity of Intellectual Property Rights: Jurisdiction

From: Intellectual Property and Private International Law (3rd Edition)

Paul L. C. Torremans

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 23 July 2024

Subject(s):
Applicable law — Jurisdiction

This chapter explores the jurisdiction of the creation and validity of intellectual property rights. It clarifies that the creation of some intellectual property rights needs the successful completion of a registration procedure. Moreover, the creation issue is closely interrelated to the scope of the intellectual property right since the right’s content is determined by the outcome of the creation process. The chapter details the application of the traditional English common law rules and the provisions of the Brussels I Regulation and Lugano Convention. It also looks into the problem of parallel validity proceedings in the English Patents Court and before the European Patent Office.

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