Chillin'Competition

The Brussels I Regulation and intellectual property disputes : which way forward? – Willem de Vos

The present dissertation addresses two specific problems relating to the Brussels I Regulation and intellectual property disputes: the exclusive jurisdiction issue and jurisdictional problems arising in situations involving multiple defendants. Whilst it intends to review those problems in depth, the scope of the research is restricted to patent litigation. Following a brief historical background, the dissertation first provides an overview of the current state of the law. It then reviews the solutions enshrined in a General Study ordered by the European Commission and referred to in the Green Paper, and by the Principles for Conflict of Laws in Intellectual Property (CLIP) drafted by the European Max Planck Group. Finally, the proposed amendments to the Brussels I Regulation are discussed, with a specific emphasis being placed on issues of coherence and effectiveness. In this context, the dissertation also reviews proposals for an enhanced patent system (e.g., European Patent Court, Community patent, EPLA). In conclusion, the dissertation will seek to formulate public policy proposals.