Intellectual Property and Private International Law

By James J. Fawcett; Paul Torremans | Go to book overview
(a) Do Articles 2, 5(3) and 6(1) permit cross-border injunctions?221
(b) Is a provisional measure within Article 24 being granted?222
(c) Can a provisional measure have extra-territorial effect?224
(d) Recognition and enforcement225
4. The English position225
(a) Do the English courts have power to grant a cross-border injunction?225
(b) Will the English courts be willing to grant cross-border injunctions?227
(c) Will the English courts enjoin the Dutch proceedings?228
XI International discovery228
1. The need to join a foreigner as a substantive defendant228
2. Difficulties involved229
(a) Determining which company to join229
(b) Establishing liability229
(c) Satisfying the jurisdictional criteria230
3. A different approach230
XII Reform231
1. Criticism of the existing law231
2. An alternative solution232
3. Reform of the jurisdictional rules of general application232
4. Special jurisdictional rules233
(a) Independent jurisdictional rules233
(b) Within the framework of existing jurisdictional rules234

I
INTRODUCTION

In this chapter, the law relating to jurisdiction under the EC/EFTA rules and its application in infringement cases will be examined.


II
WHEN DO THE RULES APPLY?

It has already been seen that, broadly speaking, the jurisdiction rules in the Brussels Convention apply1 where the matter is within the scope of the

____________________
1
See, generally, Cheshire and North, pp 286-292.

-141-

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