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

See all articles by Claudio Tamburrino

Claudio Tamburrino

University of Turin, Faculty of Law, Students

Arianna Giovannardi

University of Turin, Faculty of Law, Students; De Gaspari Osgnach S.r.l.

Aurora Grieco

University of Turin, Faculty of Law, Students; Chiomenti Law Firm

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

Tamburrino, Claudio and Giovannardi, Arianna and Grieco, Aurora, Multi-Jurisdictional Disputes in IP: Problems and Perspective (2013). WIPO Academy, University of Turin and ITC-ILO - Master of Laws in IP - Research Papers Collection - 2012-2013 , Available at SSRN: https://ssrn.com/abstract=2713464

Claudio Tamburrino (Contact Author)

University of Turin, Faculty of Law, Students ( email )

Turino
Italy

Arianna Giovannardi

University of Turin, Faculty of Law, Students ( email )

Turino
Italy

De Gaspari Osgnach S.r.l.

Via Oberdan, 20
Padova, Padova 35122
Italy

Aurora Grieco

University of Turin, Faculty of Law, Students ( email )

Turino
Italy

Chiomenti Law Firm ( email )

Via XXIV Maggio n. 43
Rome, 00187
Italy

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
128
Abstract Views
720
Rank
399,871
PlumX Metrics