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The pressure to develop an intellectual property litigation framework at a
supranational level is enormous. The tensions among technological change, the
forces of an ever-more global market, the quest of market actors for tactical
advantage and of legal actors for equitable solutions, and the ever-present
imperative of the principle of economy in judicial proceedings all cry out for
resolution. In the progress toward this framework, the fourteen leading
authorities who have put this remarkable symposium together show that European
Community law, and particularly its effect on judicial cooperation among
Member States in civil and commercial matters, has led and continues to lead
This is the first book to emphasize the role of the judicial cooperation
aspect of cross-border intellectual property litigation. Starting from
European private law as it is currently evolving, the authors focus
intensively on the issues surrounding such central questions as the following:
• How different should the treatment of IP litigation be from other
transnational private activity?
• How different should the treatment of different IP forms be, at least from a
private international law perspective?
• How do the answers to these questions relate to methodological shifts within
the discipline of private international law itself?
• How should the doctrinal solutions we give integrate “substantive” values
such as the EC basic freedoms or new ideas about the meaning of “property” in
the context of intellectual works?
• What should the relationship be between the rules on jurisdiction and the
rules on applicable law?
• How global or how distinct do we want the European legal regime in this area
• What should be the coordination and/or allocation of competences between the
various international institutions and instruments?
The wide-ranging analyses presented here will contribute substantially to the
establishment of a common frame of reference among intellectual property
lawyers and private international lawyers, across the EU and on a global
scale. For policymakers, practitioners, and academics in international IP law,
this book offers food for thought for legislative projects, reviews and renews
doctrines in private international law and the transnational legal treatment
of intellectual property, and affirms a forward-looking dialogue on these
Editors’ Note. 1. Cross-Border Litigation in IP/IT Matters in the
European Union: The Transformation of the Jurisdictional Landscape; A.
Nuyts, K. Szychowska, N. Hatzimihail. 2. The Community Framework
for Cross-Border Intellectual Property and Information Technology Litigation;
J.-S. Bergé. 3. The Widening Reach of Exclusive Jurisdiction:
Where Can You Litigate IP Rights after GAT?; P.L.C. Torremans. 4.
Is There Any Web for the Spider: Jurisdiction over Co-defendants after Roche
Nederland; C. Gonzalez Beilfuss. 5. The Appropriate Venue for
Cross-Border Patent Disputes: Heading (Far) West?; M. Pertegás.
6. Suing at the Place of Infringement: The Application of Article 5(3) of
Regulation 44/2001 to IP Matters and Internet Disputes; A. Nuyts. 7.
Cross-Border Litigation of Unfair Competition over the Internet; M. Pazdan,
M. Szpunar. 8. Justiciability, Discretion and Foreign Rights; R.
Fentiman. 9. Torpedoes and Actions for Negative Declarations in
International IP Law Litigation; A. Gardella. 10. Jurisdiction
to Grant Provisional and Protective Measures in Intellectual Property Matters;
K. Szychowska. 11. Interactions between Community Instruments and
International Conventions (Including the Draft New Lugano Convention) in
Intellectual Property Matters; A. Borrás. 12. The Impact of
the Enforcement Directive on the Brussels I Regime; J. J. Forner
Delaygua. 13. Preservation and Taking of Evidence in Cross-Border
Proceedings – Comparative Remarks in the Context of IP Litigation; B.
Hess. 14. Concluding Remarks: Territoriality, International
Governance and Cross-Border Litigation of Intellectual Property Claims; N.