Enhanced Enforcement of IP Rights in Transnational Cases in Australia

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