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In its decision of 9 November 2017 the German Federal Court of Justice held that jurisdiction based on Art. 125(5) EUTMR is only vested in the courts at the place where, based on an overall assessment, the initial cause was set for the individual acts of infringement occurring in multiple Member States. The decision mixes up previous CJEU decisions dealing with international jurisdiction and applicable law. It could have serious repercussions in practice, as it amounts to discarding or at least seriously curtailing infringement jurisdiction based on Art. 125(5) as an alternative to the venues of central jurisdiction listed in Art. 125(1)–(4) EUTMR. In view of the serious consequences, the issue should at least have been referred to the CJEU.
|Peer-reviewed scientific journal||IIC International Review of Intellectual Property and Competition Law|
|Number of pages||14|
|Publication status||Published - 01.05.2018|
|MoE publication type||A1 Journal article - refereed|
- 512 Business and Management
- 513 Law
FingerprintDive into the research topics of 'Abolishing Infringement Jurisdiction for EU Marks? – The Perfume Marks Decision by the German Federal Court of Justice'. Together they form a unique fingerprint.
- 1 Active
01.07.2018 → 31.12.2022
Project: Externally funded project