Intellectual Property and Private International Law

By James J. Fawcett; Paul Torremans | Go to book overview
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abuse of process
infringement proceedings 176
Article 16(4) Brussels and Lugano Conventions15-27
allocation of jurisdiction within United Kingdom 26-7
allocation to courts of contracting state in which deposit or registration has been applied for 22-3
application in relation to European patents 24
deposit or registration applied for 21
EC/EFTA contracting state 22
European patents 20-1
exclusive jurisdiction 22
interpretation 16
justification 15-16
parallel applications 23-4
patents, trade marks, designs, or other similar rights required to be deposited or registered 20
proceedings concerned with registration or validity 17-20
meaning 17-18
what is covered 18-19
what is not covered 19
regardless of domicile 16-17
scope 16-22
service out of jurisdiction 25-6
Article 109 Swiss PIL statute46-8, 71
bases of jurisdiction 46-7
comparison with traditional English rules 47-8
scope 46
subject matter limitation on jurisdiction 47
Berne Convention 1886462-75
alternative interpretation 472-5
bilateralisation of unilateral conflict rules 472-3
connecting factor which takes priority 464-5
determination of applicable law 467-8
first publication of work in Member State 463-4
headquarters or habitual residence of architects 464
headquarters or habitual residence of maker of cinematographic work 464
how choice of law problems arise 465-6
law applying to qualifying works 466-8
minimum protection granted by substantive rules 471-2
national treatment 468-9
nationality 462-3
qualification rules 462-6
relevant connecting factors 462-4
restrictions on application of law of protecting country 469-72
restrictive interpretation of Article 5(2) 473-5
arguments against 474-5
arguments in favour 473-4
role for law of country of origin 469-71
scope 462-5
whether qualification rule includes choice of law 466-7
breach of competition rules416-26, 693-7
action within scope of Article 5(3), whether 423
actions 421-2
applicable law 694-7
application of general rule 696
chacterisation 695
displacement of general rule 696
foreign penal, revenue or other public law 696-7
mandatory rules 697
no exclusion from Part III 694-5
Part III, scope of 695-6
restriction in section 14(2) 696
tortious, whether 695-6
savings 696-7
statutory rules 694-7
Article 85 416-19
analysis of provision 417-19
application to intellectual property agreements 419
paragraph 1 417-18
paragraph 2 418
paragraph 3 418-19
provision 416-17
Article 86 419-21
abuse of dominant position 419-20
application in context of intellectual property 420-1
EC/EFT rules 423-5
how choice of law problems arise 693-4
how judicial problems arise 422-3


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Intellectual Property and Private International Law
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