Exclusive Jurisdiction in Intellectual Property

Exclusive Jurisdiction in Intellectual Property

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Benedetta Ubertazzi argues that exclusive jurisdiction rules related to intellectual property rights cases are not only insufficiently supported by any of the arguments usually invoked in their favor, but are also in fact contrary to public international law rules concerning the avoidance of a denial of justice and the fundamental human right of access to a court. They should therefore be abandoned with respect to infringement and validity claims involving either registered or unregistered intellectual property rights. The author claims that this abandonment would be consistent with the clear trend already existing in this respect and would prevent economic inequalities in cross-border intellectual property litigation, without however leading to abusive forum shopping.In early 2011, Apple alleged that Samsunga#39;s Galaxy line of products infringed upon Applea#39;s IPRs in the iphone and ipad, which Samsung strongly denies. ... 10a#39; See a#39;Apple vs. ... a#39;06 Trimble Landova, a#39;When Foreigners Infringe Patentsa#39; (n 1 Chapter I) 505, explaining the design-around problem in the following terms: a€œ Upon aanbsp;...

Title:Exclusive Jurisdiction in Intellectual Property
Author:Benedetta Ubertazzi
Publisher:Mohr Siebeck - 2012


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