Issues Relating to the Establishment of the Competent Jurisdiction to Settle Actions for Infringement with Foreign Elements
Romanian Review of Private Law, No. 3, 2012
26 Pages Posted: 28 Oct 2012 Last revised: 26 Jun 2013
Date Written: September 24, 2012
Due to the lack of harmonisation of the law of civil procedure in Member States of the European Union, in cases of actions for infringement of national intellectual property rights containing foreign elements, the claimant may seek for the most convenient forum, which may lead to a different outcome of the case, depending on the applicable national procedural rules (which determine crucial elements such as the parties to the case, the service of process, the available injunctions, the available evidence).
In order to avoid the practice of forum shopping in the internal market, the Council Regulation (EC) no. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters establishes rules regarding the determination of the competent jurisdiction to hear cases of infringement of national intellectual property rights, community trade mark and design rights.
The provisions of the Regulation require a dynamic interpretation and application, especially in cases of infringement of intellectual property rights on the internet.
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