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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: In Stock
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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.
‘This book gives an expert overview of jurisdiction rules in the field of intellectual property and stands as a must-have for any practitioner, student and scholar interested in international intellectual property litigation. This guide will definitely be a strategic asset in everyone’s library.'
– Journal of Intellectual Property Law & Practice

‘Intellectual Property Jurisdiction Strategies: Where to Litigate
Unitary Rights vs National Rights in the EU provides an exhaustive
analysis of the tactics and strategies toward choice of forum in
protecting IP rights in the EU. Torsten Bjørn Larsen, a faculty
member at Denmark’s Aalborg University, has been examining this
issue for many years, and the book represents a clear and concise review of alternative jurisdictional strategies in the matrix of
competing EU and national rights in the EU.’
– Alfred C. Frawley, The Trademark Reporter
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