IP litigation - An EC perspective

As a result of changes in European Community (EC) law, forum shopping in intellectual property has become possible. The EC rules of jurisdiction now add an extra level of freedom in choosing the appropriate forum and in conducting pan-EC intellectual property litigation. Such litigation is the abili...

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Bibliographic Details
Published in:Managing intellectual property 1994-01, p.19
Main Author: Cohen, Laurence J
Format: Magazinearticle
Language:English
Subjects:
Advantages
Breach of contract
Conventions
Court decisions
EC single market
Enforcement
Federal legislation
Infringement
Intellectual property
Jurisdiction
Litigation
Patent law
Procedures
State court decisions
Torts
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Summary:As a result of changes in European Community (EC) law, forum shopping in intellectual property has become possible. The EC rules of jurisdiction now add an extra level of freedom in choosing the appropriate forum and in conducting pan-EC intellectual property litigation. Such litigation is the ability to try an action in any EC country and then to have the result cover the whole of the EC. Thus, one litigation will cover a population of some 380 million and therefore justify the heavy cost. Jurisdictionally, the EC is already a federal jurisdiction whose forum allocation rules resemble those of the US. Jurisdiction is based on the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters signed at Brussels in 1968 between the original 6 EC members. It covers the following topics: 1. forum allocation rules, 2. lis alibi pendens, 3. interim relief, 4. internal jurisdiction, and 5. enforcement of judgments from other Convention countries. Applying the jurisdictional rules, patents should be enforceable on a pan-European basis in a single action involving claims to prevent infringement in all relevant European countries.
ISSN:0960-5002