Intellectual Property and Private International Law

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

Preliminary Remarks

The first two stages of a private international law case, ie jurisdiction and choice of law, have already been examined. There is, though, a third stage, namely that of the recognition and enforcement of the judgment. It may be possible to enforce the judgment in the State in which the action was brought, but where this is not possible it is necessary to recognise and enforce the judgment in some other State in which the defendant has assets.

Intellectual property is exploited internationally in most cases. Infringement of parallel rights often takes place in more than one country at the same time and in the same way. If a single court is to deal with the infringement case, its judgment will often need to be recognised and enforced in all other countries concerned. The recognition and enforcement of interim orders can, in this respect, create particularly complicated problems. On top of these special situations, there are, obviously, those intellectual property related cases where a judgment needs to be recognised and enforced abroad in those countries where the defendant has assets, if no assets are to be found in the forum.

The national and territorial character of intellectual property rights may give rise to problems. National courts may see it as their exclusive prerogative to deal with national intellectual property rights, and especially with their validity, and they may refuse the recognition and enforcement of foreign judgments that dealt with their national rights.

The rules on recognition and enforcement of foreign judgments apply to all judgments. Judgments in relation to intellectual property are not subject to special rules. Most of the rules do not create specific problems for judgments in relation to intellectual property. However, it is fair to say that the rules on recognition and enforcement have, in the past, not been used extensively in relation to these judgments. As we discussed above, intellectual property lawyers experienced serious problems in relation to jurisdiction in relation to foreign intellectual property rights when bringing a case in the English courts. The impression was created that each intellectual property right was only dealt with in the country in which it had been created. That meant that few attempts were made to have foreign intellectual property related judgments recognised and enforced in any part of the United Kingdom. Hence the reduced importance of the rules on recognition and enforcement of foreign judgments in this context. It is submitted, though, that that importance will grow in the future. We have demonstrated, in the first two parts of this book, that many of the restrictions on jurisdiction and choice of law have been or ought to be removed.

-721-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Intellectual Property and Private International Law
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 766

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.