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Intellectual Property Jurisdiction Strategies

Where to Litigate Unitary Rights vs National Rights in the EU Torsten Bjørn Larsen, Associate Professor, Aalborg University, Denmark
This timely and practical guide compares the jurisdictional advantages of litigating a national IP right with those of the corresponding European unitary IP right. The study offers IP practitioners a meticulous yet principled basis for their jurisdictional decisions and shows why it is advantageous for infringers to litigate based on a national IP right and rightholders to litigate based on a European unitary IP right.
Extent: 336 pp
Hardback Price: $199.95 Web: $179.96
Publication Date: 2017
ISBN: 978 1 78643 750 1
Availability: Not yet published (pre-order)
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  • Law - Academic
  • Intellectual Property Law
  • Law - Professional
  • Intellectual Property Law
This timely and practical guide compares the jurisdictional advantages of litigating a national IP right with those of the corresponding European unitary IP right. The study offers IP practitioners a meticulous yet principled basis for their jurisdictional decisions and shows why it is advantageous for infringers to litigate based on a national IP right and rightholders to litigate based on a European unitary IP right.

Key features include:

• the first book to focus on jurisdiction strategies in intellectual property litigation

• coverage of intellectual property and private international law

• analysis of the latest case law of national courts and the European Court of Justice including, Case C-523/10, Wintersteiger and Case C-360/12, Coty Prestige

• helpful diagrams and tables providing easy access to key information and decision points

• a state-of-the-art overview of the relevant legal framework, including the Unified Patent Court Jurisdiction and the new European Union Trademark Regulation.

Intellectual Property Jurisdiction Strategies is an essential resource for intellectual property practitioners throughout the EU. It will also appeal to advanced students and academics needing an up-to-date reference for research into intellectual property law and policy.
PART I: INTRODUCTION 1. Introduction PART II: NUMBER OF JURISDICTION RULES 2. Jurisdiction framework 3. Jurisdiction rules PART III: NATURE OF JURISDICTION RULES 4. General principles 5. Defendant’s domicile rule 6. Establishment rule 7. Plaintiff’s domicile rule 8. Multiple defendants' rule 9. Forum delicti rule 10. Central division rule 11. Exclusive jurisdiction rule PART IV: CONCLUSION 12. Conclusion Index