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Part A Jurisdiction, 8 Jurisdictional Issues in Relation to European Union Rights

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

Applicable law — Jurisdiction

This chapter explains the jurisdictional rules concerning the infringement of European Union intellectual property rights and other disputes related to such rights. It demonstrates that the rights in question concern trade marks, designs, patents, and plant variety rights. The most developed jurisdictional rules are to be found in the area of European Union trade marks, which became the model for designs. Jurisdictional issues arise in a multitude of ways, such as obvious actions for infringement and validity and disputes about the creation or ownership of trade marks. The chapter then details the substantive law background and jurisdictional provisions of trade marks, designs, patents, and plant variety rights.

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