Intellectual Property and Private International Law

By James J. Fawcett; Paul Torremans | Go to book overview

Preliminary Remarks
I Jurisdiction under the European Community/European Free Trade Association rules and the traditional rules1
1. When will the Brussels and Lugano Conventions apply?2
(a) The Brussels Convention2
(b) The Lugano Convention3
2. When will the traditional rules apply?3
II Jurisdictional issues3
III Jurisdiction and the applicable law3

I
JURISDICTION UNDER THE EUROPEAN COMMUNITY/EUROPEAN FREE TRADE ASSOCIATION RULES AND THE TRADITIONAL RULES

In a case involving a foreign element the first thing that a court has to decide is whether it has jurisdiction. This refers to 'the question of whether an English court will hear and determine an issue upon which its decision is sought'.1 The jurisdiction of the English courts is complicated by the fact that there are two different sets of jurisdiction rules. The first is the EC/EFTA rules, the source of which is the Brussels and Lugano Conventions.2 The second is the traditional English rules on jurisdiction.

____________________
1
Cheshire and North, p 179.
2
The Brussels Convention of 1968, which was entered into by the original six Member States of the EEC, has been amended by four subsequent Accession Conventions: the United Kingdom, Irish and Danish Accession Convention of 1978; the Greek Accession Convention of 1982; the Spanish and Portuguese Accession Convention of 1989 (the San Sebastian Convention); the Accession Convention of Austria, Finland and Sweden to the Brussels Convention, set out in [ 1997] OJ C15/1. This book is written on the assumption that the latter, which has been signed by all 15 Member States, has received the requisite number of ratifications and is in force. The Accession Convention of Austria, Finland and Sweden does not amend the current version of the Brussels Convention (ie as amended by the three Accession Conventions, and set out in SI 1990/2591, Schedule 1) on any point of importance. The Lugano Convention is contained in [ 1988] OJ L391/9.

-1-

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