International Law Association’s Guidelines on Intellectual Property and Private International Law (“Kyoto Guidelines”): Jurisdiction

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