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11 - From Nintendo Wii to Perfumes, Driving a BMW Car: A Tale of Transition to the Wrong Kind of Coherence

from B - International Commitments and Constraints

Published online by Cambridge University Press:  29 December 2020

Niklas Bruun
Affiliation:
Hanken School of Economics (Finland)
Graeme B. Dinwoodie
Affiliation:
Chicago-Kent College of Law
Marianne Levin
Affiliation:
Stockholm University Department of Law
Ansgar Ohly
Affiliation:
Ludwig Maximilian University of Munich Faculty of Law
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Summary

The Regulations on the EU trade mark2 and the Community design3 contain specific provisions on international jurisdiction. These provisions are clearly inspired by the provisions of the Brussels I Regulation,4 but differ from them in some respects. The Brussels I provisions deal with any kind of tort, not merely with IP infringement. Could that explain the slightly different language that is used, and is there a coherent approach to all IP infringement cases, irrespective of whether they are based on unitary rights or not?

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Transition and Coherence in Intellectual Property Law
Essays in Honour of Annette Kur
, pp. 145 - 154
Publisher: Cambridge University Press
Print publication year: 2021

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