- Court of Appeal—jurisdiction in patent licence disputes (Vestel Elektronik Sanayi Ve Ticaret A.S. & another v Access Advance LLC & another)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
IP analysis: The Court of Appeal rejected an appeal against a High Court order setting aside service of a claim form outside of the jurisdiction and making a declaration that the court had no jurisdiction to hear the claim. In summary, the Court of Appeal found that the High Court had been correct to decide that neither Article 7(1) of Regulation (EU) 1215/2012, Brussels I (recast) nor gateway 9 of the CPR PD 6B, para 3.1 applied on the facts of the case. The jurisdiction question is analysed in the context of a claim for declaratory relief brought in respect of a dispute as to whether the terms of a patent licence offering were Fair Reasonable and Non-Discriminatory (FRAND). Written by Christopher Snell, barrister, at New Square Chambers.
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