Abolishing Infringement Jurisdiction for EU Marks? – The Perfume Marks Decision by the German Federal Court of Justice

Annette Kur*

*Corresponding author for this work

Research output: Contribution to journalArticleScientificpeer-review

Abstract

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.

Original languageEnglish
Peer-reviewed scientific journalIIC International Review of Intellectual Property and Competition Law
Volume49
Issue number4
Pages (from-to)452-465
Number of pages14
ISSN0018-9855
DOIs
Publication statusPublished - 01.05.2018
MoE publication typeA1 Journal article - refereed

Keywords

  • 512 Business and Management
  • 513 Law

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