Multi-Jurisdictional Disputes in IP: Problems and Perspective
WIPO Academy, University of Turin and ITC-ILO - Master of Laws in IP - Research Papers Collection - 2012-2013
51 Pages Posted: 3 Feb 2016
Date Written: 2013
Abstract
The Apple-Samsung case is the most striking demonstration of the difficulties the present jurisdictional system entails when it comes to face the infringement of IPRs at an international scale.
Even if the possible infringements are most likely to have an international (or transnational) nature, the system does not develop adequate instruments to face such a situation: the system now requires to begin one procedure in each country the IPR at stake is considered to be infringed or has been registered, with the obvious consequence of obtaining a plurality of potentially conflicting decisions, enforceable only in the country or countries that recognize a specific decision.
In particular we analyzed the design aspects of the Apple-Samsung casa and focused on German, Britain and U.S. sentences that, even if having at stake the same substantial aspects, brought about quite different outcomes.
Finally, we try to propose a solution to harmonize the different national juridictions.
Keywords: Intellectual property, jurisdiction, enforcement, multinational disputes
JEL Classification: K1, K2
Suggested Citation: Suggested Citation