EU IP Law Episode 14: Rules Governing Jurisdiction and Applicable Law in Intellectual Property (IP) Disputes within the European Union (EU)

This episode covers the framework of jurisdiction and applicable law in IP disputes within the EU, focusing on how courts determine where cases can be filed and which laws apply. We start by exploring key regulations, including the Brussels I Regulation Recast (Regulation (EU) No 1215/2012) governing jurisdictional matters in civil and commercial cases, and the Rome II Regulation (Regulation (EC) No 864/2007), which determines applicable law in cross-border tort disputes. The episode examines the “country of protection” principle, requiring IP disputes to be judged based on the laws where protection is claimed, and specific jurisdiction rules for IP, such as those involving multi-state IP infringements. Additionally, we review influential cases like Coty Germany GmbH v. First Note Perfumes and Nintendo Co. Ltd v BigBen Interactive GmbH, illustrating how EU courts approach jurisdiction and cross-border infringement scenarios. This episode equips listeners with an understanding of the procedural aspects shaping IP litigation across the EU.