Part IV Special Topics, 17 Intellectual Property
From: Choice-of-court Agreements under the European and International Instruments: The Revised Brussels I Regulation, the Lugano Convention, and the Hague Convention
Trevor C. Hartley
- Infringement of IP rights — EU Rules — Jurisdiction clauses — Choice of court and companies — Contractual term — Validity and effect — Damages
17.01 Certain kinds of intellectual-property rights are subject to exclusive jurisdiction under the Brussels Regulation and the Lugano Convention. The relevant provision is similar to those concerning immovable property and companies discussed in the previous two chapters. In the Hague Convention, certain aspects of intellectual property are excluded from the scope of the Convention. There are important differences between these provisions. 17.02 The exclusive-jurisdiction rules in Brussels 20001 apply to proceedings “concerned with the registration or validity of...