International Law Association’s Guidelines on Intellectual Property and Private International Law (“Kyoto Guidelines”): Jurisdiction
32 Pages Posted: 27 Aug 2021 Last revised: 6 Dec 2021
Date Written: January 24, 2021
Abstract
The chapter “Jurisdiction” of the International Law Association’s Guidelines on Intellectual Property and Private International Law (“Kyoto Guidelines”) provides where international intellectual property claims can be brought to court. It defines the basic forum at the defendant's domicile and alternative fora for contractual, infringement, and other kinds of claims. It also provides grounds that should be taken as insufficient for the granting of jurisdiction. The chapter states to what extent validity and registration claims should be subject to the exclusive jurisdiction. Finally, it comprises Guidelines for the coordination of claims pending before different courts.
Keywords: Jurisdiction, Kyoto Guidelines, International Law, Private International Law, Intellectual Property, Patent, copyright, trade mark, exclusive jurisdiction, coordination, consolidation, forum non conveniens, contracts, torts, litigation
JEL Classification: K00, K01, K19, K41
Suggested Citation: Suggested Citation