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Cross-border injunction

 

 
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Cross-border injunction
 
 
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In European law, and especially in European intellectual property
Intellectual property

Intellectual property are law property over creations of the mind, both artistic and commercial, and the corresponding fields of law. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; ideas, discoveries and inventions; and words, phra...
 law, a cross-border injunction is an injunction
Injunction

An injunction is an equitable remedy in the form of a court order, whereby a party is required to do, or to refrain from doing, certain acts. The party that fails to adhere to the injunction faces civil or criminal penalties and may have to pay damages or accept sanctions for failing to follow the court's order....
 by a court
Court

A court is a body, often a government institution, with the authority to adjudication legal disputes and dispense private law, criminal justice, or administrative law justice in accordance with rules of law....
 in one European country, such as for instance a court in the Netherlands
Netherlands

The Netherlands is a country that is part of the Kingdom of the Netherlands. It is a parliamentary democratic constitutional monarchy. The Netherlands is located in North-West Europe, and bordered by the North Sea to the north and west, Belgium to the south, and Germany to the east....
, forbidding infringement in several other Europe
Europe

Europe is, conventionally, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally divided from Asia to its east by the water divide of the Ural Mountains, the Ural , the Caspian Sea, and by the Caucasus Mountains to the southeast....
an countries.

For a period in the late-1990's, national courts issued cross-border injunctions covering all EP jurisdictions, but this has been limited by the European Court of Justice
European Court of Justice

The Court of Justice of the European Communities, usually called the European Court of Justice , is the Supreme court of the European Union ....
. In two cases in July 2006 interpreting Articles 6.1 and 16.4 of the Brussels Convention
Brussels Regime

The Brussels Regime is a set of rules regulating the allocation of jurisdiction in international law disputes of a civil law or commercial law nature involving persons resident in a member state of the European Union ....
, the European Court of Justice held that European patents are national rights that must be enforced nationally, that it was "unavoidable" that infringements of the same European patent have to be litigated in each relevant national court, even if the lawsuit is against the same group of companies, and that cross-border injunctions are not available.








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In European law, and especially in European intellectual property
Intellectual property

Intellectual property are law property over creations of the mind, both artistic and commercial, and the corresponding fields of law. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; ideas, discoveries and inventions; and words, phra...
 law, a cross-border injunction is an injunction
Injunction

An injunction is an equitable remedy in the form of a court order, whereby a party is required to do, or to refrain from doing, certain acts. The party that fails to adhere to the injunction faces civil or criminal penalties and may have to pay damages or accept sanctions for failing to follow the court's order....
 by a court
Court

A court is a body, often a government institution, with the authority to adjudication legal disputes and dispense private law, criminal justice, or administrative law justice in accordance with rules of law....
 in one European country, such as for instance a court in the Netherlands
Netherlands

The Netherlands is a country that is part of the Kingdom of the Netherlands. It is a parliamentary democratic constitutional monarchy. The Netherlands is located in North-West Europe, and bordered by the North Sea to the north and west, Belgium to the south, and Germany to the east....
, forbidding infringement in several other Europe
Europe

Europe is, conventionally, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally divided from Asia to its east by the water divide of the Ural Mountains, the Ural , the Caspian Sea, and by the Caucasus Mountains to the southeast....
an countries.

For a period in the late-1990's, national courts issued cross-border injunctions covering all EP jurisdictions, but this has been limited by the European Court of Justice
European Court of Justice

The Court of Justice of the European Communities, usually called the European Court of Justice , is the Supreme court of the European Union ....
. In two cases in July 2006 interpreting Articles 6.1 and 16.4 of the Brussels Convention
Brussels Regime

The Brussels Regime is a set of rules regulating the allocation of jurisdiction in international law disputes of a civil law or commercial law nature involving persons resident in a member state of the European Union ....
, the European Court of Justice held that European patents are national rights that must be enforced nationally, that it was "unavoidable" that infringements of the same European patent have to be litigated in each relevant national court, even if the lawsuit is against the same group of companies, and that cross-border injunctions are not available.

See also

  • Brussels Regime
    Brussels Regime

    The Brussels Regime is a set of rules regulating the allocation of jurisdiction in international law disputes of a civil law or commercial law nature involving persons resident in a member state of the European Union ....
  • Enforcement of European patents
    Enforcement of European patents

    European patents are granted by the European Patent Office under the legal provisions of the European Patent Convention . However, European patents are enforced at a national level, i.e....
  • Lis alibi pendens
    Lis alibi pendens

    The principle of lis alibi pendens applies both in municipal, public international law, and private international law to address the problem of potentially contradictory judgments....
  • Spider in the web doctrine
    Spider in the web doctrine

    The spider in the web doctrine is a legal doctrine in Law of the Netherlands governing cross-border injunctions in patent infringement cases. Under this doctrine, the Dutch courts would assume jurisdiction only in cases where the main defendant was located in the Netherlands and where the other defendants were part of a group of companies a...