Exclusive Jurisdiction In Intellectual Property

Description: Benedetta Ubertazzi argues that exclusive jurisdiction rules related to intellectual property rights cases are not only insufficiently supported by any of the arguments usually invoked in their favor, but are also in fact contrary to public international law rules concerning the
avoidance of a denial of justice and the fundamental human right of
access to a court. They should therefore be abandoned with respect to
infringement and validity claims involving either registered or
unregistered intellectual property rights. The author claims that this
abandonment would be consistent with the clear trend already existing in
this respect and would prevent economic inequalities in cross-border
intellectual property litigation, without however leading to abusive
forum shopping.