Intellectual Property and Private International Law

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

3
Contracts in Relation to the Exploitation of Intellectual Property Rights: Jurisdiction
I Introduction73
II The substantive law background74
III How jurisdictional problems arise75
IV Jurisdictional provisions76
1. Introduction76
2. The EC/EFTA Rules76
(a) Bases of jurisdiction76
(b) Declining jurisdiction and restraining foreign proceedings95
3. The traditional rules97
(a) Bases of jurisdiction97
(b) Declining jurisdiction and restraining foreign proceedings106
(c) Limitations on jurisdiction111
4. Specific aspects of transfer of technology contracts112
5. Anti-trust issues113
V Reform113
1. The EC/EFTA rules113
(a) Criticism of the existing law113
(b) Special jurisdictional rules or reform of the jurisdictional rules of general application?114
(c) Reform of Article 5(1)115
2. The traditional rules117

I
INTRODUCTION

There are two types of contract in relation to intellectual property. Our analysis is only concerned with contracts for the exploitation of intellectual property rights. It is not concerned with contracts where the

-73-

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