Part III Jurisdiction, Foreign Judgments and Awards, Ch.14 Limitations on Jurisdiction
J J Fawcett LLB, PhD, Solicitor, J M Carruthers LLB (Hons), Dip LP, PhD, SolicitorEdited By: Sir Peter North CBE, QC, MA, DCL, FBA
James J Fawcett, Janeen M CarruthersEdited By: Sir Peter North (Consultant Editor)
- Limitations on jurisdiction — Recognition and enforcement of foreign judgments in intellectual property
Jurisdiction under the traditional rules is subject to certain limitations, the effect of which is to render the court incompetent to determine the issue notwithstanding that the defendant has been properly served with a claim form. These limitations have been judicially classified into the following three types.1 Broadly stated, these limitations preclude a right of action if the issue relates to foreign immovables,2 foreign intellectual property rights,3 foreign taxes,4 the rights and liabilities arising under a foreign penal or other public law,5 or discovery...