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Part A Jurisdiction, 7 Infringement 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: 14 July 2024

Applicable law — Jurisdiction — Remedies

This chapter discusses some jurisdictional cases concerned with issues of the validity and infringement of intellectual property rights. The rules on jurisdiction under the Brussels I Regulation/Lugano Convention determine the issues of infringement and validity and have separate rules for each issue. While national proceedings on validity often run in parallel with opposition proceedings, the process tends to take a long time. Thus, national courts dealing with validity have started to ask the parties to alert the European Patent Office to this so it can expedite its treatment of the relevant opposition proceedings. The chapter also looks into the application of Article 24 of the Lugano Convention 2007 and traditional English rules.

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