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Part A Jurisdiction, 5 Infringement: Jurisdiction Under the European Union/European Free Trade Association Rules

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 — Abuse of process — Jurisdiction

This chapter explores the provisions related to jurisdiction under the European Union/European Free Trade Association rules and their application in infringement cases. After Brexit, the Brussels I Regulation and the Lugano Convention no longer apply in the UK and can no longer form a basis of jurisdiction for UK courts. However, even without the provisions, an action for infringement will be treated as a civil and commercial matter. On the other hand, an action for infringement of an intellectual property right brought against the European Commission must be heard by the Court of Justice instead of a national court. The chapter also considers the correlation between infringement, licensing agreements, and settlement agreements.

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