Enhanced Enforcement of IP Rights in Transnational Cases in Australia

Australian Intellectual Property Journal, Volume 27, Issue 3 (2017)

U of Melbourne Legal Studies Research Paper No. 748

26 Pages Posted: 29 Apr 2017 Last revised: 11 Aug 2017

See all articles by Richard Garnett

Richard Garnett

University of Melbourne - Law School

Date Written: April 28, 2017

Abstract

The aim of this paper is to explore possible strategies by which claimants can achieve better vindication of their rights at both the jurisdiction and enforcement of judgment stages. Specifically, in the context of jurisdiction, an appropriate forum test should be adopted to enable increased adjudication of cases involving foreign IP rights and in the area of enforcement of foreign judgments, wider grounds of ‘indirect’ jurisdiction should be accepted and injunctive relief added to the category of judgments entitled to recognition.

Keywords: IP rights, jurisdiction, judgments

JEL Classification: K00, K39

Suggested Citation

Garnett, Richard, Enhanced Enforcement of IP Rights in Transnational Cases in Australia (April 28, 2017). Australian Intellectual Property Journal, Volume 27, Issue 3 (2017), U of Melbourne Legal Studies Research Paper No. 748, Available at SSRN: https://ssrn.com/abstract=2959834

Richard Garnett (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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