Infringement and Exclusive Jurisdiction in Intellectual Property: a Comparison for the International Law Association
Ubertazzi
Benedetta
The following comparison was written for the first meeting of the International Law Association newly established (2010) Committee on Intellectual Property and Private International Law (Chair: Professor Toshiyuki Kono, Kyushu University; Co-Rapporteurs: Professors Pedro de Miguel Asensio, Madrid Complutense University, and Axel Metzger, Hannover University) (hereinafter: ILA Committee), which was hosted at the Faculty of Law of the University of Lisbon in March 16-17, 2012. The comparison at stake concerns the rules on infringement and exclusive (subject-mater) jurisdiction posed (or rejected, in case of exclusive jurisdiction) by four sets of academic principles. Notwithstanding the fact that the rules in question present several differences, those differences in the majority of cases could be overcome by further studies and work of the ILA Committee, as the following comparison explains.
Exclusive (subject-matter) Jurisdiction
Infringement
Intellectual Property
Inter Partes Effects
Jurisdiction
Territoriality
Ubiquity
Validity
340
periodical
academic journal
JIPITEC
3
3
2012
227
262
2190-3387
urn:nbn:de:0009-29-35191
http://nbn-resolving.de/urn:nbn:de:0009-29-35191
ubertazzi2012