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Intellectual Property Jurisdiction Strategies: Where to Litigate Unitary Rights vs National Rights in the EU

Intellectual Property Jurisdiction Strategies: Where to Litigate Unitary Rights vs National Rights in the EU

作者： Torsten Bjorn Larsen
出版商： Edward Elgar Publishing
ISBN: 9781786437501
出版时间 October 2017
规格： Hardback
适应领域： European Union ? 免责申明：
Countri(es) stated herein are used as reference only

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This timely and practical guide compares the jurisdictional advantages of litigating a national IP right with those of the corresponding European unitary IP right.

The study offers IP practitioners a meticulous yet principled basis for their jurisdictional decisions and shows why it is advantageous for infringers to litigate based on a national IP right and rightholders to litigate based on a European unitary IP right.
PART I: INTRODUCTION
1. Introduction

PART II: NUMBER OF JURISDICTION RULES
2. Jurisdiction framework
3. Jurisdiction rules

PART III: NATURE OF JURISDICTION RULES
4. General principles
5. Defendant's domicile rule
6. Establishment rule
7. Plaintiff's domicile rule
8. Multiple defendants' rule
9. Forum delicti rule
10. Central division rule
11. Exclusive jurisdiction rule

PART IV: CONCLUSION
12. Conclusion

Index

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