Intellectual Property and Private International Law

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

2
Entitlement to the Grant and Ownership of Intellectual Property Rights: Jurisdiction
I Introduction49
II How disputes arise50
III How jurisdictional problems arise50
IV Jurisdictional provisions51
1. Introduction51
2. Special jurisdictional rules52
(a) The Protocol on Recognition attached to the European Patent Convention52
(b) Article 16(4) of the Brussels and Lugano Conventions61
3. Jurisdictional rules of general application62
(a) When do the jurisdictional rules of general application apply?62
(b) The EC/EFFA rules63
(c) The traditional rules66
V An alternative solution: Article 109 Swiss PIL Statute71

I
INTRODUCTION

An issue which is linked to the creation of intellectual property rights is that of their ownership. Which court will have jurisdiction to hear the case when the ownership of an intellectual property right is disputed? Are the special jurisdictional rules that apply to the creation of intellectual property rights also applicable to the issue of ownership of intellectual property rights?

There is, however, more than one aspect of the ownership issue that needs to be addressed. First, there is the question of first ownership of an intellectual property right. In the case of a registered right, this is the question of who is entitled to the grant of such a right. For an unregistered right, one has to determine who becomes the first owner of the right upon

-49-

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