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Part A Jurisdiction, 6 Infringement: Jurisdiction Under the Traditional 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 — Jurisdiction

This chapter notes the jurisdiction of infringement under the traditional rules. It looks at how some traditional subject matter limitations concerning jurisdiction do not exist under the European Union/European Free Trade Association rules. Traditional rules revolve around finding a basis of jurisdiction in respect of a foreign defendant and whether the English court will exercise its discretionary powers to stay in action. The chapter then notes how the company may be served a claim form by any method permitted under the Civil Procedure Rules or by any of the methods of service set out in the Companies Act 2006. The chapter looks into infringement under the notions of validity, European patent, licensing agreements, and settlement agreements.

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