Court jurisdiction and intellectual property [Archived]


Published by a ³ÉÈËÓ°Òô IP expert
Practice notes

Court jurisdiction and intellectual property [Archived]


Published by a ³ÉÈËÓ°Òô IP expert

Practice notes
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ARCHIVED: This Practice Note has been archived and is no longer maintained. It covers jurisdiction issues that can arise in IP cases in the UK, with a particular focus on the jurisdiction regime in the EU, and the interpretation of Regulation (EC) 44/2001 (Brussels I) and Regulation (EU) 1215/2012 (Brussels I (recast)). It also covers court jurisdiction in the UK. It sets out the position in relation to patents, trade marks, copyright and design rights, with links to more specialist notes in those areas of IP where appropriate.

This Practice Note introduces concepts relating to jurisdiction only (not applicable law).

IP rights are protected on a national or regional territorial basis, but the nature of the subject matter underlying IP (eg inventions, written works, etc) allows in the internet age, almost instantaneous cross-border movement. Determining whether the English court has jurisdiction over an IP infringement action brought before it is therefore a complex issue.

General Principles

IP infringement may involve considerations of tort and/or of contract law (eg the interpretation of a licence).

Where

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Intellectual property definition
What does Intellectual property mean?

The trade secrets of an employer that are normally protected as registered trade marks, designs or copyright.

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