The Quick and Easy Guide to German and EU Intellectual Property Law, Trademarks and Copyright
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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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June 10, 2009   No Comments

International Aspects of Intellectual Property Law, Part II

In part 1 of this mini series I covered inter European cases. In this part we´re having a closer look at cases linked to non EU jurisdictions.

Unfortunately, in many international cases related to international property infringement there is no matching international legal framework comparable to Council Regulation (EC) No 44/2001.

The only significant framework here is the Hague Convention on “Choice of Court Agreements” regulating court competence in cases where the parties have (contractually) agreed to chose a certain court. However this convention is not applicable to those instances of intellectual property infringements where there is no contractual relationship between the parties.

To be continued.

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June 8, 2009   No Comments