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International Aspects of Intellectual Property Law, Part III

Unlike in tort law, the parties of a contract usually may agree on a certain court of competence of their choice. If the parties are domiciled in different member states of the EU, Council Regulation (EC) No 44/2001 (Art. 23) is applicable.

As already mentioned in part 2, cases where at least one party is domiciled in a non EU country are governed by the Hague Convention on Choice of Court Agreements”.

However there are some exemptions. This convention is not applicable in matters regarding the validity of intellectual property rights other than copyright and related rights. Exempt are also infringements of intellectual property rights other than copyright and related rights, except where infringement proceedings are brought for breach of a contract between the parties relating to such rights, or could have been brought for breach of that contract.

To be continued.

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