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Jeffrey Belson

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CENTRAL DIVISION RULE

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

This chapter examines the central division rule. The rule is addressed in both national IP and in European IP litigation. The comparison leads to identifying the jurisdictional advantages for the plaintiff. Keyword: central division

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CONCLUSION

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

This chapter draws a conclusion and provides an answer to the study. The answer is that it is advantageous to litigate based on a national IP right if you act as/represent the infringer whereas it is advantageous to litigate based on a European unitary IP right if you act as/represent the rightholder.

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DEFENDANT’S DOMICILE RULE

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

This chapter examines the defendant’s domicile rule. The rule is addressed in both national IP and in European IP litigation. The comparison leads to identifying the jurisdictional advantages for the plaintiff. Keywords: defendant’s domicile; article 4 Brussels I Regulation; articles 62 and 63 Brussels I Regulation

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ESTABLISHMENT RULE

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

This chapter examines the establishment rule. The rule is addressed in both national IP and in European IP litigation. The comparison leads to identifying the jurisdictional advantages for the plaintiff. Keywords: defendant’s establishment; article 7(5) Brussels I Regulation; case C-617/15, Hummel Holding A/S v Nike

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EXCLUSIVE JURISDICTION RULE

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

This chapter examines the exclusive jurisdiction rule. The rule is addressed in both national IP and in European IP litigation. The comparison leads to identifying the jurisdictional advantages for the plaintiff. Keywords: exclusive jurisdiction; article 24(4) Brussels I Regulation; case C-4/03, Gat Luk

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Jeffrey Belson

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EXTENDED TABLE OF CONTENTS

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

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FORUM DELICTI RULE

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

This chapter examines the forum delicti rule. The rule is addressed in both national IP and in European IP litigation. The comparison leads to identifying the jurisdictional advantages for the plaintiff. Keywords; forum delicti; article 7(2) Brussels I Regulation; case C-523/10, Wintersteiger; case C-360/12, Coty Prestige

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GENERAL PRINCIPLES

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

This chapter examines the principles on which the jurisdiction rules are based. The principles are addressed on a general level. Keywords: principles of effective enforcement of IP rights; principles of private international law; principles of IP law