Intellectual Property and Private International Law

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

1
Creation and Validity of Intellectual Property Rights: Jurisdiction
I Introduction6
II The substantive law background6
1. How is an intellectual property right created?6
(a) Patents, trade marks and registered designs6
(b) Copyright and design right7
2. Revocation of a registered intellectual property right8
3. How does litigation arise?8
(a) Registration linked litigation8
(b) Revocation linked litigation9
(c) Infringement linked litigation9
(d) A negative declaration10
III How jurisdictional problems arise10
IV Jurisdictional provisions11
1. Introduction11
2. Special jurisdictional rules11
(a) Are there special jurisdictional rules in the intellectual property Conventions?12
(b) Article 16(4) of the Brussels and Lugano Conventions15
(c) The European Patent Convention 197327
3. Jurisdictional rules of general application28
(a) When do the jurisdictional rules of general application apply?28
(b) Will recourse be had to these rules?29
(c) The EC/EFTA rules30
(d) The traditional rules39
V An alternative solution: Article 109 Swiss PIL Statute46
1. Scope of the provision46
2. Bases of jurisdiction46
3. A subject matter limitation on jurisdiction47
4. Comparison with the traditional English rules47

-5-

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