Intellectual Property and Private International Law

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

7
Jurisdictional Issues in Relation to European Community Rights
I Introduction318
II Trade marks318
1. The substantive law background318
2. How jurisdictional problems arise318
3. Jurisdictional provisions319
(a) Other disputes (ie other than in relation to infringement, etc)320
(b) Infringement, etc321
III Designs342
1. The substantive law background342
2. How jurisdictional problems arise342
3. Jurisdictional provisions343
IV Patents344
1. The substantive law background344
2. How jurisdictional problems arise344
3. Jurisdictional provisions345
(a) The Protocol on Litigation345
(b) Part VI of the Community Patent Convention346
V Plant Variety Rights349
1. The substantive law background349
2. How jurisdictional problems arise350
3. Jurisdictional provisions350
(a) The proceedings351
(b) Relationship with the Lugano and Brussels Conventions351
(c) Bases of jurisdiction352
(d) Infringements committed abroad355
(e) A plea of invalidity356
(f) Declining jurisdiction356
(g) Provisional, including protective measures357
(h) Summary of similarities and differences357

-317-

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