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Part A Jurisdiction, 2 Entitlement to the Grant and Ownership 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: 14 July 2024

Applicable law — Jurisdiction

This chapter tackles the jurisdiction surrounding the entitlement to the grant and ownership of intellectual property rights. Since patents are awarded on a first-to-file basis, disputes concerning ownership often arise when someone gets hold of the information and files their own name before the inventor. Moreover, the Protocol on Recognition attached to the European Patent Convention contains special jurisdictional rules dealing with the issue of the right to the grant of a European patent. The chapter mentions that statutory provisions can provide for an automatic transfer of ownership. It also considers the parallel validity proceedings in relation to the validity of a European patent.

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