
Contents
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§ 1. Brussels and Lugano § 1. Brussels and Lugano
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§ 1.1 Rights Registered Outside the EU or Lugano Area § 1.1 Rights Registered Outside the EU or Lugano Area
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§ 1.2 Proceedings Covered § 1.2 Proceedings Covered
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§ 2. When Does Lugano Apply? § 2. When Does Lugano Apply?
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§ 3. Hague § 3. Hague
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§ 3.1 Copyright and Related Rights § 3.1 Copyright and Related Rights
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§ 3.1.1 Related rights § 3.1.1 Related rights
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§ 3.2 Rights Other Than Copyright and Related Rights § 3.2 Rights Other Than Copyright and Related Rights
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§ 3.2.1 Validity § 3.2.1 Validity
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§ 3.2.2 Infringement § 3.2.2 Infringement
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§ 3.2.3 The contractual exception § 3.2.3 The contractual exception
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§ 3.2.4 Recognition of judgments § 3.2.4 Recognition of judgments
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§ 4. The Instruments Compared § 4. The Instruments Compared
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Cite
Extract
Certain kinds of intellectual-property rights are subject to exclusive jurisdiction under the Brussels Regulation and the Lugano Convention. The relevant provision is similar to those concerning immovable property and companies discussed in the previous two chapters. In the Hague Convention, certain aspects of intellectual property are excluded from the scope of the Convention. There are important differences between these provisions.
Brussels and Lugano
The exclusive-jurisdiction rules in Brussels 20001 apply to proceedings “concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered”. They grant exclusive jurisdiction to the courts of the Member State in which “the deposit or registration has been applied for, has taken place or is under the terms of a Community instrument or an international convention deemed to have taken place” (henceforth, “State of registration”).
Brussels 2000, Article 22(4).
The relevant provision in Brussels 20122 contains two changes. The first is purely technical: the phrase “Community instrument” becomes “instrument of the Union”. The second provides that the exclusive-jurisdiction rule applies “irrespective of whether the issue is raised by way of an action or as a defence”. This is intended to give effect to the decision of CJEU in the GAT case3 (discussed later). The full text reads (differences indicated by italics):
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