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- Preliminary Material
- Preface to the Second Edition
- Contents
- Tables of cases
- Benelux court
- European court of justice
- European court of human rights
- United Kingdom
- National cases
- Tables of legislation
- Table of treaties, conventions, and other instruments
- List of abbreviations
- Main Text
- Part A Jurisdiction
- Preliminary Material
- Preliminary remarks
- Preliminary Material
- 1 Creation and validity of intellectual property rights: jurisdiction
- Preliminary Material
- I Introduction
- II The Substantive Law Background
- III How Jurisdictional Problems Arise
- IV Jurisdictional Provisions
- 1 Introduction
- 2 Special Jurisdictional Rules
- 1.19
- (a) Are there special jurisdictional rules in the intellectual property conventions?
- (b) Article 22(4) of the Brussels I Regulation
- 1.28
- (i) Justification of Article 22(4)
- (ii) Interpretation of Article 22(4)
- (iii) Scope of Article 22(4)
- (iv) Exclusive jurisdiction
- (v) Allocation to the courts of the Member State in which the deposit or registration has been applied for etc
- (vi) Parallel applications
- (vii) Application in relation to European patents
- (viii) Service out of the jurisdiction
- (ix) Allocation of jurisdiction within the United Kingdom
- (c) Article 22(4) of the Lugano Convention
- (d) The European Patent Convention 1973
- 3 Jurisdictional Rules of General Application
- (a) When do the jurisdictional rules of general application apply?
- (b) Will recourse be had to these rules?
- (c) The EC/EFTA rules
- (i) When do the EC/EFTA rules apply?
- (ii) Bases of jurisdiction
- (iii) Declining jurisdiction
- (a) Under the Brussels I Regulation and Lugano Convention
- (b) Using the doctrine of forum non conveniens
- (c) Using the doctrine of ‘reflexive’ effects?
- (d) Using case management powers
- (e) Restraining foreign proceedings
- (iv) A subject matter limitation on jurisdiction
- (d) The traditional rules
- V European Patents: Parallel Validity Proceedings
- 2 Entitlement to the grant and ownership of intellectual property rights: Jurisdiction
- Preliminary Material
- I Introduction
- II How Disputes Arise
- III How Jurisdictional Problems Arise
- IV Jurisdictional Provisions
- 1 Introduction
- 2 Special Jurisdictional Rules
- (a) The protocol on recognition attached to the European Patent Convention
- 2.08
- (i) When does the Protocol on Recognition apply?
- (ii) Bases of jurisdiction
- (a) Complex rules
- (b) Five different situations
- (c) The five rules
- (i) The applicant’s residence etc in a Contracting State
- (ii) The residence etc within one of the Contracting States of the party claiming the right to the grant of the European patent
- (iii) The Contracting State where the employee is mainly employed
- (iv) Jurisdiction agreements
- (v) Allocation of jurisdiction to the German courts
- (d) The hierarchy of rules
- (e) The examination of jurisdiction
- (f) No definition of residence/principal place of business
- (iii) Declining jurisdiction
- (b) Article 22(4) of the Brussels I Regulation and Lugano Convention
- (a) The protocol on recognition attached to the European Patent Convention
- 3 Jurisdictional Rules of General Application
- (a) When do the jurisdictional rules of general application apply?
- (b) The EC/EFTA rules
- (i) When do the EC/EFTA rules apply?
- (ii) Bases of jurisdiction
- (iii) Declining jurisdiction
- (iv) A subject matter limitation on jurisdiction?
- (c) The traditional rules
- (i) When do the traditional rules apply?
- (ii) Bases of jurisdiction
- (iii) Declining jurisdiction and restraining foreign proceedings
- (iv) Limitations on jurisdiction
- (v) Criticism of the traditional English rules
- V European Patents: Parallel Entitlement Proceedings
- 3 Contracts in relation to the exploitation of intellectual property rights: Jurisdiction
- Preliminary Material
- I Introduction
- II The Substantive Law Background
- III How Jurisdictional Problems Arise
- IV Jurisdictional Provisions
- 1 Introduction
- 2 The EC/EFTA Rules
- (a) Bases of jurisdiction
- (i) General jurisdiction
- (ii) Special jurisdiction: Articles 5 and 6
- (iii) Article 5(1)
- (a) The provision
- (b) Application to intellectual property contracts
- (i) Licences
- (ii) Distribution agreements
- Is a distribution agreement a contract for the sale of goods or provision of services?
- Distributor’s obligations
- Grantor’s obligations in relation to a sole and exclusive agreement
- An obligation to supply the distributor
- A negative obligation not to supply anyone else
- An obligation to give the grantee reasonable notice before terminating the agreement
- An obligation to continue the exclusive distributorship
- The obligation of exclusivity
- Other obligations of the grantor
- (iii) Assignments
- (c) Employment contracts
- (iv) Consumer contracts
- (v) Does Article 22(4) apply?
- (vi) Article 23
- (b) Declining jurisdiction and restraining foreign proceedings
- (a) Bases of jurisdiction
- 3 The Traditional Rules
- (a) Bases of jurisdiction
- (i) Service of a claim form within the jurisdiction
- (ii) Service of a claim form out of the jurisdiction
- 3.101
- (a) The grounds for service out
- (b) A reasonable prospect of success
- (c) The exercise of the discretion
- (iii) A future development: The Hague Convention on choice of court agreements 2005
- (b) Declining jurisdiction and restraining foreign proceedings
- (c) Limitations on jurisdiction
- (a) Bases of jurisdiction
- 4 Validity of the Contract
- 5 Specific Aspects of Transfer of Technology Contracts
- 6 Anti-Trust Issues
- 4 Infringement: Preliminary matters
- 5 Infringement: Jurisdiction under the European Community/European Free Trade Association Rules
- Preliminary Material
- I Introduction
- II When do the Rules Apply?
- III Bases of Jurisdiction
- 5.05
- 1 General Jurisdiction: Article 2
- 2 Special Jurisdiction: Articles 5 and 6
- 5.11
- (a) The threshold requirement
- (b) Article 5
- (c) Article 5(3)
- 5.31
- (i) Is infringement within the scope of Article 5(3)?
- (ii) Denial of the existence of a tort
- (iii) Threatened wrongs
- (iv) A negative declaration
- (v) The place where the harmful event occurred
- (a) The definitional problem and the solution provided by the Court of Justice
- (b) Infringement actions
- (c) The conventional approach: the place of the event giving rise to the damage
- (d) The conventional approach: the place where the damage occurred
- (i) The definitional problem and the solution adopted by the Court of Justice
- (ii) Infringement cases
- 5.66
- The first option: the place in which damage to the intellectual property right was sustained
- The first alternative: the Member State in which the intellectual property right is situated
- The second alternative: the Member State in which the intellectual property right is infringed
- The second option: the place in which direct economic loss was suffered
- (e) The conventional approach: multiple damage
- (f) A Shevill-based approach: the place of the event giving rise to the damage
- (g) A Shevill-based approach: the place where the damage occurred
- (h) A Shevill-based approach: multiple damage
- (i) Which is the better approach?
- (j) A special definition for infringement cases
- (d) Article 5(5)
- (e) Article 6
- 5.115
- 5.116
- 5.117
- (i) Reasons for multi-defendant litigation in infringement cases
- (ii) Requirements: the requisite connection between the various actions
- (iii) Additional requirements
- (iv) Criticism and reform of Article 6(1)
- (f) Article 6(2)
- 3 Exclusive Jurisdiction: Article 22
- 4 Exclusive Jurisdiction: Article 23
- 5 Submission to Jurisdiction: Article 24
- IV Abuse of Process
- V Declining Jurisdiction
- 1 Under the EC/EFTA Rules
- 2 Using the Doctrine of Forum Non Conveniens ?
- 3 Using the Doctrine of ‘Reflexive’ Effects
- 4 Using Case Management Powers
- 5 Restraining Foreign Proceedings
- VI Defendant’s Response to Infringement Proceedings
- VII Delaying Tactics by the Defendant
- VIII Are there Subject Matter Limitations on Jurisdiction?
- IX Forum Shopping
- X Infringement and Validity
- XI Infringement of a European Patent and Opposition Proceedings
- XII Infringement and Licensing Agreements
- XIII Infringement and Settlement Agreements
- XIV Provisional Measures
- 1 Article 31
- 2 Infringement Cases
- XV Cross-Border Injunctions
- 5.330
- 1 Jurisdiction to Grant a Cross-Border Injunction
- 2 Willingness to Grant Cross-Border Injunctions
- 3 Recognition and Enforcement of Cross-Border Interim Injunctions
- XVI Obtaining Information
- 6 Infringement: Jurisdiction under the traditional rules
- Preliminary Material
- I Introduction
- II Bases of Jurisdiction
- 1 Service of a Claim Form within the Jurisdiction
- 2 Service of a Claim Form out of the Jurisdiction
- 6.13
- (a) The grounds for service out
- (b) A reasonable prospect of success
- (c) The exercise of the discretion
- III Declining Jurisdiction and Restraining Foreign Proceedings
- 6.92
- 1 Forum Non Conveniens
- (a) The role of forum non conveniens
- (b) The principles to be applied when exercising the discretion
- (c) A multiplicity of proceedings
- 2 Restraining Foreign Proceedings
- IV State Immunity
- V Subject Matter Limitations in Relation to Jurisdiction
- 6.139
- 6.140
- 1 Foreign Immovable Property
- 2 Foreign Intellectual Property Rights
- (a) Origin and development of the limitation
- 6.147
- (i) The extension in Australia of the exclusionary rule in relation to foreign land to patents
- (ii) The introduction of the English limitation: Tyburn Productions Ltd v Conan Doyle
- (iii) Criticism of the extension of the Moçambique rule to intellectual property
- (iv) Judicial doubts emerge in England in infringement cases
- (v) The doubts in relation to infringement are quashed: the Lucasfilm case
- (vi) Should the limitation still apply in cases of infringement? Policy considerations
- (b) The solution: the doctrine of forum non conveniens
- (c) Confusion between jurisdiction and choice of law
- (d) Should different foreign intellectual property rights be treated the same?
- (e) Should different issues be treated the same?
- (a) Origin and development of the limitation
- 3 Infringements Abroad
- 4 Intra-UK Cases
- VI Forum Shopping
- VII Infringement and Validity
- VIII Infringement of a European Patent and Opposition Proceedings
- IX Infringement and Licensing Agreements
- X Infringement and Settlement Agreements
- XI Interim Relief
- XII Obtaining Information
- 7 Infringement and validity of intellectual property rights: Jurisdiction
- Preliminary Material
- I Introduction
- II The Substantive Law Background
- III Article 22(4) of the Brussels I Regulation Applies: Infringement Jurisdiction is Based on the Regulation
- 7.11
- 1 The Nature of the Jurisdictional Problem
- 2 The Issue of Validity: Which EC Member State’s Courts are to try this Issue?
- 7.17
- (a) The consequences that flow from this decision
- (b) The authorities
- (c) Does it matter how validity is raised?
- (d) Would it make any difference if the case concerned a European patent?
- (f) A bona fide raising of the issue of validity
- 3 The Infringement Claim: Which EC Member State’s Courts are to try this Claim?
- 7.53
- (a) The consequences flowing from this decision
- (b) Authorities
- (i) National case law prior to GAT
- (ii) The implications of the GAT case
- (iii) National case law post-GAT
- (c) A reference to the Court of Justice
- (d) Exploring the splitting approach
- (e) Can the claimant bring an action for infringement in the Member State of registration?
- (f) Does it matter how invalidity is raised?
- (g) At what moment does validity affect infringement jurisdiction?
- 4 Declining Jurisdiction
- 5 Delaying Tactics by the Defendant
- 6 Provisional Measures
- 7 Estoppel
- 8 Restraining Foreign Proceedings
- IV Article 22(4) of the Lugano Convention 2007 Applies
- V Article 22(4) Applies: Infringement Jurisdiction is Based on the Traditional English Rules
- 1 The Significance of Article 22(4)
- 2 The Significance of the Traditional Subject Matter Limitations on Jurisdiction
- 3 Only Article 22(4) Applies
- 4 Both Article 22(4) and Traditional Subject Matter Limitations on Jurisdiction Apply
- 5 Abolition of the Traditional Subject Matter Limitations on Jurisdiction
- VI Does Article 22(4) Apply by Way of ‘Reflexive’ Effect?
- VII Article 22(4) of the Brussels I Regulation/Lugano Convention does not Apply
- 7.222
- 7.223
- 1 Infringement Jurisdiction is Based on the EC/EFTA Rules
- 2 Infringement Jurisdiction is Based on the Traditional English Rules
- 8 Jurisdictional issues in relation to european community rights
- Preliminary Material
- I Introduction
- II Trade Marks
- 1 The Substantive Law Background
- 2 How Jurisdictional Problems Arise
- 3 Jurisdictional Provisions
- 8.06
- (a) Other disputes (ie other than in relation to infringement etc)
- (b) Infringement etc
- 8.11
- (i) Community trade mark courts and their exclusive jurisdiction over infringement etc
- (ii) Relationship with the Brussels I Regulation
- (iii) The definition of domicile/an establishment
- (iv) Bases of jurisdiction
- (v) Extent of jurisdiction: acts or threats of infringement abroad
- (vi) Allocation of jurisdiction within the UK
- (vii) Comparison with the Brussels I Regulation
- (viii) Forum shopping
- (ix) Revocation/invalidity
- (x) Declining jurisdiction
- (xi) Provisional, including protective measures
- (xii) Safeguarding the rights of the defendant
- (xiii) Sanctions
- (xiv) Procedure for service of the claim form
- III Designs
- 1 The Substantive Law Background
- 2 How Jurisdictional Problems Arise
- 3 Jurisdictional Provisions
- 8.105
- (a) Other disputes (ie other than in relation to infringement etc)
- (b) Infringement etc
- 8.110
- (i) Community trade mark courts and their exclusive jurisdiction over infringement and validity
- (ii) Relationship with the Brussels I Regulation
- (iii) The definition of domicile/an establishment
- (iv) Bases of jurisdiction
- (v) Invalidity
- (vi) Declining jurisdiction
- (vii) Provisional, including protective measures
- (viii) Sanctions
- IV Patents
- V Plant Variety Rights
- 1 The Substantive Law Background
- 2 How Jurisdictional Problems Arise
- 3 Jurisdictional Provisions
- 8.145
- (a) The proceedings
- (b) Relationship with the Lugano Convention and Brussels I Regulation
- (c) Bases of jurisdiction
- 8.151
- (i) Defendant’s domicile (seat)/an establishment
- (ii) Plaintiff’s domicile (seat)/an establishment
- (iii) The Member States in which the seat of the Office is located
- (iv) The courts for the place where the harmful event occurred
- (v) Articles 5(1), 23, and 24 of the Lugano Convention
- (vi) Other bases of jurisdiction contained in the Lugano Convention
- (vii) Bases of jurisdiction contained in the Brussels I Regulation
- (d) Infringements committed abroad
- (e) A plea of invalidity
- (f) Declining jurisdiction
- (g) Provisional, including protective measures
- (h) Summary of similarities and differences
- 9 Complementary torts and other causes of action: Jurisdiction
- Preliminary Material
- I Introduction
- II Passing-Off
- 1 Substantive Law
- 2 How Jurisdictional Problems Arise
- 3 Jurisdictional Provisions
- (a) The EC/EFTA rules
- (i) When do the Brussels I Regulation and Lugano Convention apply?
- (ii) Bases of jurisdiction
- 9.26
- 9.27
- 9.28
- (a) Articles 5(3) and 6(1)
- (i) Passing-off and unfair competition
- (ii) The threshold requirement
- (iii) Article 5(3)
- Is an action for passing-off within the scope of Article 5(3)?
- Threatened passing-off
- The place where the harmful event occurred
- The place of the event giving rise to the damage—the English approach
- The place of the event giving rise to the damage—the Continental approach
- The place where the damage occurred
- Where goodwill is damaged
- Where business is lost
- Which is the better approach?
- Multiple acts of passing-off and multiple damage
- (iv) Article 6(1)
- (iii) Declining jurisdiction
- (b) The traditional rules
- (a) The EC/EFTA rules
- III Malicious Falsehood
- IV Defamation
- V Unfair Competition
- VI Wider Continental Protection In Delict
- VII Breach of Competition Rules
- VIII Breach of Confidence
- 9.213
- 9.214
- 9.215
- 9.216
- 9.217
- 9.218
- 9.219
- 9.220
- 9.221
- 9.222
- 1 Substantive Law
- 2 How Jurisdictional Problems Arise
- 3 Jurisdictional Provisions
- (a) The EC/EFTA rules
- 9.237
- (i) Article 2
- (ii) Article 5
- (iii) Employment contracts
- (iv) Article 23
- (v) Consolidating the litigation
- (vi) Declining jurisdiction
- (b) The traditional rules
- (i) The grounds of service out of the jurisdiction
- (ii) The forum conveniens discretion
- (a) The EC/EFTA rules
- 10 Infringement, the internet, and broadcasting: Jurisdiction
- Preliminary Material
- I Introduction
- II Intellectual Property and the Internet
- III Characteristics of the Internet
- IV Infringement over the Internet
- 10.25
- 1 Substantive Law
- 2 How Jurisdictional Problems Arise
- 3 Characteristics of Infringement over the Internet
- 4 Jurisdictional Provisions
- (a) The EC/EFTA rules
- (i) Article 2
- (ii) Establishing liability and jurisdiction
- (iii) Article 5(3): Introduction
- (iv) Article 5(3): a Shevill-based approach
- (v) Article 5(3): the alternative approach
- 10.82
- (a) The place of the event giving rise to the damage: where the act of infringement occurred
- (b) The place of damage
- (c) Multiple damage
- (vi) Which is the better approach?
- (vii) Article 6(1)
- (b) The traditional rules
- 10.117
- (i) Service of a claim form within the jurisdiction
- (ii) Service of a claim form out of the jurisdiction: the tort ground
- (iii) Service of a claim form out of the jurisdiction: the multi-defendant ground
- (iv) Service of a claim form out of the jurisdiction: the injunction ground
- (v) Service of a claim form out of the jurisdiction: the property ground
- (vi) Forum conveniens / forum non conveniens
- (a) The EC/EFTA rules
- V Sale of Infringing Goods over the Internet
- VI Complementary Torts Committed over the Internet
- 10.158
- 1 Passing-Off over the Internet
- 2 Malicious Falsehood over the Internet
- 3 Defamation over the Internet
- (a) Substantive law
- (b) How jurisdictional problems arise
- (c) Jurisdictional provisions
- (i) The EC/EFTA rules
- (ii) The traditional rules
- 4 Unfair Competition over the Internet
- 5 Breach of Confidence over the Internet
- (a) How jurisdictional problems arise
- (b) Jurisdictional provisions: contractual breach of confidence
- (c) Jurisdictional provisions; non-contractual breach of confidence
- VII Broadcasting
- 10.241
- 1 Infringement of Copyright by Broadcasting
- (a) Substantive law
- (b) How jurisdictional problems arise
- (c) Jurisdictional provisions
- (i) The EC/EFTA rules
- (ii) The traditional rules
- 2 Defamation by Broadcasting
- 11 Reform of jurisdiction
- Preliminary Material
- I Introduction
- II Reform of the Brussels I Regulation
- 1 Introduction
- 2 Multi-Defendant Cases: Reform of Article 6(1)
- 3 Infringement and Validity: Reform of Article 22(4)
- (a) Criticism of the existing law
- (b) Reform of Article 22(4) of the Brussels I Regulation
- 11.36
- (i) The possible views
- (ii) The proposals for reform
- (c) The EU Patent System
- (d) Conclusion
- 4 Reform and the Italian Torpedo
- III The EU Patent System
- 1 Introduction
- 2 An EU Patent Regulation
- 3 A Unified Patent Litigation System
- 11.112
- 11.113
- 11.114
- 11.115
- (a) The EEUPC
- (b) Jurisdiction and effects
- 11.117
- (i) Jurisdiction
- (ii) Which divisions of the Court of First Instance will try the case?
- 11.120
- (a) Infringement
- (b) Direct actions for revocation
- (c) Direct actions for revocation and subsequent infringement proceedings
- (d) An action for infringement and a counterclaim for revocation
- (e) Actions for declarations of non-infringement
- (f) Action for a declaration of non-infringement and subsequent infringement proceedings
- (g) Agreement on the division
- (h) Effect of proceedings before the EPO
- (iii) Territorial effects of decisions
- (iv) Comparison with jurisdiction in relation to other Community rights
- (c) Other provisions
- (d) Transitional arrangements
- IV CLIP Principles for Conflict of Laws in Intellectual Property
- V The American Law Institute Principles
- 1 Introduction
- 2 Scope
- 3 Jurisdiction
- 11.187
- (a) Personal jurisdiction over the defendant
- (i) The bases of jurisdiction
- (ii) Insufficient grounds for jurisdiction over Transnational Disputes
- (b) Jurisdiction over the subject matter
- (c) Jurisdiction over simplification: coordinating multiterritorial actions
- 4 A Model for Reform?
- VI Conclusion
- Part B The Applicable Law
- Preliminary Material
- Preliminary Remarks
- Preliminary Material
- 12 Choice of law elements in the intellectual property conventions
- Preliminary Material
- I Introduction
- II The Berne Convention 1886
- 1 Qualification Rules
- 2 Which Law Applies to Qualifying Works?
- 3 National Treatment
- 4 Restrictions on the Application of the Law of the Protecting Country
- 5 An Alternative Interpretation
- III The Rome Convention 1961
- IV Paris Convention for the Protection of Industrial Property 1883
- V International Cooperation Agreements
- VI Supranational Intellectual Property Rights
- VII The TRIPs Agreement
- 13 Creation, scope, and termination of intellectual property rights: The applicable law
- Preliminary Material
- I Introduction
- II How Choice of Law Problems Arise
- III Intellectual Property as Property
- 1 The Wrong Title?
- 2 A Property Characterization
- 3 Property Choice of Law Rules
- IV Copyright
- V Patents and Trade Marks
- VI Other Intellectual Property Rights
- VII Rights Created by International Conventions
- VIII Community Rights
- 14 Contracts in relation to the exploitation of intellectual property rights: The applicable law
- Preliminary Material
- I Introduction
- II Contractual Issues Distinguished from Other Issues
- III How Questions as to the Applicable Law Arise
- IV The Rome Convention and the Rome I Regulation on the Law Applicable to Contractual Obligations
- 1 When does the Rome Convention 1980 Apply? When does the Rome I Regulation Apply?
- 2 The Applicable Law
- 14.27
- (a) The law is chosen by the parties
- (b) The applicable law in the absence of choice
- (i) Contracts made up to 1 April 1991
- (ii) Contracts made after 1 April 1990 and before 17 December 2009
- (iii) Contracts concluded as of 17 December 2009
- (iv) Application of Article 4 to contracts in relation to intellectual property rights
- 14.55
- 14.56
- 14.57
- 14.58
- (a) Patent licence and industrial design licence contracts and more general considerations
- (b) Contracts in relation to trade marks
- (c) Know-how
- (d) Copyright
- (e) Distribution contracts
- (f) A general approach to all industrial property rights
- (g) A summary of the position under the Rome Convention 1980 and the Rome I Regulation
- (h) The change from Convention to Regulation
- 3 Limitations on the Applicable Law
- (a) Mandatory rules
- 14.130
- 14.131
- (i) The relevant provisions of the Rome Convention 1980 and of the Rome I Regulation
- 14.132
- 14.133
- 14.134
- (a) Article 3(3) of the Rome Convention 1980 and Article 3(3) and (4) of the Rome I Regulation
- (b) Article 5 of the Rome Convention and Article 6 of the Rome I Regulation
- (c) Article 6 of the Rome Convention and Article 8 of the Rome I Regulation
- (d) Article 7 of the Rome Convention and Article 9 of the Rome I Regulation
- (ii) How to identify an overriding mandatory provision
- (iii) Application to intellectual property statutes
- (b) Overriding mandatory provisions: summary
- (c) Public policy/ ordre public
- (a) Mandatory rules
- 4 A Particular Issue: Formal Validity
- V Conclusion
- 15 Infringement: The applicable law
- Preliminary Material
- I Introduction
- II How Questions as to the Applicable Law Arise
- III The Applicable Law: The Rome II Regulation
- IV The Applicable Law: The English Approach outside Rome II
- 1 Introduction
- 2 Mandatory Rules of the Forum
- 3 Tort Choice of Law Rules
- 15.87
- (a) Common law rules
- (b) The statutory rules
- (i) Scope of Part III
- (a) No retrospective effect
- (b) Tort choice of law
- (c) Section 14(2)
- (d) Exclusion of defamation
- (e) Events occurring in the forum
- (ii) Abolition of certain common law rules
- (iii) The general rule
- (iv) Displacement of the general rule
- (a) Section 12
- (b) Application in infringement cases
- (v) Savings
- (i) Scope of Part III
- 4 Defences
- 16 Complementary torts and other causes of action: The applicable law
- Preliminary Material
- I Introduction
- II Article 6 Rome II Regulation: Unfair Competition
- III Passing-Off
- 1 How Choice of Law Problems Arise
- 2 The Applicable Law
- (a) Introduction
- (b) Application of Article 6 of the Rome II Regulation in passing-off cases
- (c) Application of the 1995 Act in passing-off cases
- 16.25
- (i) Characterization as passing-off
- (ii) Does passing-off come within the scope of Part III?
- (iii) Application of the general rule in passing-off cases
- (iv) Displacement of the general rule
- (v) Savings
- IV Malicious Falsehood
- 1 How Choice of Law Problems Arise
- 2 The Applicable Law
- V Defamation
- 1 How Choice of Law Problems Arise
- 2 The Applicable Law
- VI Unfair Competition
- 1 How Choice of Law Problems Arise
- 2 The Applicable Law
- (a) Introduction
- (b) Article 6 Rome II Regulation
- (c) Application of the English traditional tort choice of law rules/application of the statutory rules in unfair competition cases
- VII Wider Continental Protection In Delict
- 1 How Choice of Law Problems Arise
- 2 The Applicable Law
- (a) Introduction/the Rome II Regulation
- (b) Application of the statutory rules in cases involving wider Continental protection in delict
- VIII Breach of Confidence
- 1 How Choice of Law Problems Arise
- 2 The Applicable Law
- (a) Introduction
- (b) The Rome II Regulation
- (c) Application of the English traditional tort choice of law rules/application of the statutory rules in breach of confidence cases
- 16.158
- (i) Characterization as breach of confidence
- (ii) Does breach of confidence come within the scope of Part III?
- (iii) Application of the general rule in cases of non-contractual breach of confidence
- (iv) Displacement of the general rule
- (v) Savings
- IX Breach of Competition Rules
- 1 How Choice of Law Problems Arise
- 2 The Applicable Law
- (a) Introduction
- (b) Article 6(3) Rome II Regulation
- (c) Application of the English traditional tort choice of law rules/application of the statutory rules in breach of competition rules cases
- (i) No exclusion of breach of competition rules from Part III
- (ii) Characterization as breach of competition rules
- (iii) Do breach of competition rules come within the scope of Part III?
- (iv) Application of the general rule in breach of competition rules cases
- (v) Displacement of the general rule
- (vi) Savings
- 17 Choice of law and the internet
- 18 Choice of law reform
- Preliminary Material
- I Introduction
- II The Conventions and Their Tendency to Impose the Law of the Country for Which Protection is Sought
- III Choice of Law for Contracts in Relation to Intellectual Property
- Part A Jurisdiction