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Talk:Cross-border injunction

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Community Designs/TMs

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Would be good to put in a bit about how EU Community Design and TM courts can do cross border injunctions. 81.171.141.27 (talk) 14:08, 17 October 2014 (UTC)[reply]

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scope?

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Something doesn't feel right about this article (sorry to state it so vaguely, but I can't exactly express it). The article focusses very much on patent cases, deemed to fall within the exclusive jurisdiction clauses; and furthermore on the ECJ work on articles 6.1 and 14. But shouldn't a cross border injeunction article start with where this IS undoubtedly possible? For example to require performance of a contract (with obligations in multiple countries) where prorogation has taken place or where the single defendant was sued in his own domicile?

Then under case law we could discuss the

  • IP matters (EPs are national rights, even if they are the same EP)
  • "connected cases should be interpreted restrictively (different defendatnts for different national versions of the same EP)
  • anti-suit injunctions (UK)

I feel however not enough of an expert, and am not aware of relevant literature that could back this approach up; which leaves us stuck with a newsy (well: CJEU-sy) piece... Any thoughts (or a rename to focus on IP?)? L.tak (talk) 19:17, 5 August 2015 (UTC)[reply]

An example of a cross-border (preliminary) injunction was given just yesterday by the Dutch judge (ECLI:NL:RBDHA:2015:9271) in which the judge: "gebiedt I-Optics zich binnen de Europese Unie te onthouden van reclame I, II, IIIa en IIIb met bepaling dat dit gebod ingaat één week na betekening van dit vonnis;" (English: orders I-Optics to refrain from using commercial I, II, IIIa and IIIb witihin the European Union from 1 week after service of process of the verdict), after assuming jurisdiction based on 4(1) [former 2] of Brussels I 1215/2012. Thinking more about this, I think we should
  • ask an expert to work this out,
  • or: move this page to: Cross border injunctions in European patent cases

L.tak (talk) 11:01, 7 August 2015 (UTC)[reply]