29 October 2024NewsPatentsPaul Inman Partner Gowling WLG Speaker
WATCH: Jurisdictional overreach of foreign courts in patent disputes
Long-recognised, unwritten jurisdictional norms have seen questions of validity and infringement of registered IP rights reserved to the courts of the country of registration. However, recent attempts have been made by litigants and courts in China, and more recently by commentators and litigants in Europe, to exert extra-territorial jurisdiction in relation to patents. We look at what patentees and/or alleged infringers can do, whether in Europe or the US, to prevent overreach by a foreign court.
Assertions of jurisdiction over foreign patents by countries/courts/judges/commentators in Europe and China
What's happening in China
What's happening in Europe
Impact of the AG Opinion (or CJEU judgment if given by October) in BSH Hausgeräte GmbH v Electrolux AB – Case C 339/22
How to be alive to risks and prepare protective steps.
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