This study analyzes to what extent the European rules on jurisdiction (the Brussels Convention and its successors) and the choice of law rules create an adequate framework for consolidation of cross-border disputes in one single action.

The dissertation complements the existing literature at the intersection of intellectual property and private international law by providing new insights into cross-border enforcement of patent rights. It is a case study of one specific type of patent enforcement problems - problems associated with enforcement across national borders - and also a study of the impact that private international law mechanisms may have on substantive law. The dissertation shows that notwithstanding patent law territoriality, even under current substantive and procedural laws, patent cases arise in which cross-border enforcement is necessary. It explains why such cases exist and what kind of cross-border enforcement problems they generate; it also analyzes current proposals aimed at facilitating smoother recognition and enforcement abroad of decisions issued in such cases, and concludes that the proposals can function only if countries agree on deeper harmonization of patent laws. In the short-term, the U.S. may solve the problem by entering into bilateral or limited regional treaties on cross-border enforcement because the problem is, at least for now, geographically confined. In the long-term, countries should complement discussions on the proposals that will facilitate cross-border enforcement with a reopening of negotiations on creating a world patent or a regional patent. The dissertation is based on an empirical study of patent cases filed in the U.S. and Germany; it also draws on an extensive comparative study of the legislative and jurisprudential development of the patent laws of the two countries.

The Research Handbook on Cross-border Enforcement of Intellectual Property systematically analyses the unique difficulties posed by cross-border intellectual property disputes in the modern world. The contributions to this book focus on the enf

The dissertation complements the existing literature at the intersection of intellectual property and private international law by providing new insights into cross-border enforcement of patent rights. It is a case study of one specific type of patent enforcement problems - problems associated with enforcement across national borders - and also a study of the impact that private international law mechanisms may have on substantive law. The dissertation shows that notwithstanding patent law territoriality, even under current substantive and procedural laws, patent cases arise in which cross-border enforcement is necessary. It explains why such cases exist and what kind of cross-border enforcement problems they generate; it also analyzes current proposals aimed at facilitating smoother recognition and enforcement abroad of decisions issued in such cases, and concludes that the proposals can function only if countries agree on deeper harmonization of patent laws. In the short-term, the U.S. may solve the problem by entering into bilateral or limited regional treaties on cross-border enforcement because the problem is, at least for now, geographically confined. In the long-term, countries should complement discussions on the proposals that will facilitate cross-border enforcement with a reopening of negotiations on creating a world patent or a regional patent. The dissertation is based on an empirical study of patent cases filed in the U.S. and Germany; it also draws on an extensive comparative study of the legislative and jurisprudential development of the patent laws of the two countries.

Describes the legislation relating to customs enforcement of cross-border trade in counterfeit and pirated goods. Focuses on the law concerning trademarks, copyright and patent protection. Includes chapters on provisions available for criminal proceedings, multilateral and regional border measures, enforcement of intellectual property rights under the North American Free Trade Agreement and European Union legislation.

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 to be? What should be the coordination and/or allocation of competences between the various international institutions and instruments?