Infringement: Preliminary Matters
As has been discussed above, intellectual property rights are granted on a national basis, along the lines of the national intellectual property statutes. It is quite normal though for these intellectual property rights to be exploited internationally. This gives rise to jurisdictional problems in infringement cases.
Chapters 5 and 6 deal with jurisdictional provisions and their application in infringement cases. Before turning to these provisions, there are some preliminary matters that need to be discussed. What constitutes an infringement of an intellectual property right? What are the elements of infringement? How do jurisdictional problems arise? Is the cause of action