Court jurisdiction and intellectual property

The following IP practice note provides comprehensive and up to date legal information covering:

  • Court jurisdiction and intellectual property
  • General principles
  • The general European regime
  • Allocation of jurisdiction within the UK
  • In which English court should a claim for IP infringement be brought?
  • Patents
  • Territorial limits to UK patent protection
  • Cross-border injunctions
  • Foreign patents in English courts
  • Extending jurisdiction to foreign actors
  • More...

Court jurisdiction and intellectual property

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for intellectual property?

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: What does IP completion day mean for intellectual property?

This Practice Note introduces concepts relating to jurisdiction only (not applicable law) and provides some information on the jurisdictional issues that relate to the enforcement of IP rights in the UK courts.

IP rights are protected on a national or regional territorial basis, but the nature of the subject matter underlying IP (eg inventions, written works, etc) allows in the internet age, almost instantaneous cross-border movement. Determining whether the English court has jurisdiction over an

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