The browser you are using is not supported by this website. All versions of Internet Explorer are no longer supported, either by us or Microsoft (read more here: https://www.microsoft.com/en-us/microsoft-365/windows/end-of-ie-support).

Please use a modern browser to fully experience our website, such as the newest versions of Edge, Chrome, Firefox or Safari etc.

Svensk domstols behörighet vid gränsöverskridande varumärkestvister - särskilt om Internetrelaterade intrång

Swedish Jurisdiction in Cases on Cross-border Trademark Infringements - With Special Regard to Internet Related Actions

Author

Summary, in English

The general aim of this doctoral thesis is to analyse under what circumstances a Swedish court might adjudicate a cross-border trademark infringement case. Due to the recent technological developments (e.g. Internet) an underlying aim is to specifically identify so called Internet-related problems when it comes to ascertaining jurisdiction in cross-border cases.



The study adopts a Swedish court perspective. The question raised, put simply, is whether the holder of a trademark could enforce the trademark right against a foreign defendant in a cross-border infringement case. The underlying question is if (and to what extent) foreign, as well as national, trademark infringements can be adjudicated in a Swedish court. The study is primarily concerned with registered national trademarks but Community Trademarks and unregistered trademarks are covered as well. The study begins with an analysis of the existing rules of private international law. It then proceeds with an examination of the relevant rules for ascertaining jurisdiction in cross-border cases. When the legal grounds for jurisdiction in a traditional (un-plugged) environment have been analysed the discussion then focuses on Internet-related problems.



The following general conclusions were reached after analysing the questions raised. Firstly, the Internet-related problems in the area of cross-border trademark infringements are not as serious as first imagined. However, there are some problems of a general nature. These problems are related to the fact that actions and effect are not easy to demarcate on the Internet. As a consequence, jurisdictional rules based upon such grounds are difficult to adopt. In regards to this problem the study concludes that there is a need to amend the jurisdictional rules as they exist today.



Secondly, the existing rules on exclusive jurisdiction when it comes to questions about registered intellectual property rights are in need of clarification. One of the main questions is whether or not a negative declaratory judgement could be regarded as concerned with the validity of a disputed intellectual property right. Another important question is whether or not questions about validity, raised as a defence during an infringement proceeding, should be handled as exclusive questions, or if it is possible to try such questions preliminarily. In this regard it was concluded that an action for a negative declaratory judgement might be regarded as a case covered by the applicability of the exclusive rules. It was also concluded that questions of validity, raised as a defence, might be tried by courts preliminarily, without conflicting with the exclusive rules on jurisdiction.

Department/s

Publishing year

2005

Language

Swedish

Document type

Dissertation

Publisher

Department of Law, Lund University

Topic

  • Law

Keywords

  • private law
  • domännamn
  • Bryssel I-förordningen
  • intrång
  • immaterialrätt
  • internationell processrätt
  • domsrätt
  • jurisdiktion
  • domain names
  • Internet
  • exclusive jurisdiction
  • infringements
  • private international law
  • intellectual property rights
  • Brussels Convention
  • Brussels Regulation
  • jurisdiction
  • cross-border Ttrademark infringement
  • EU-rätt
  • EU law
  • internationell privaträtt
  • civilrätt

Status

Published

Supervisor

ISBN/ISSN/Other

  • ISBN: 91-628-6455-6

Defence date

15 April 2005

Defence time

13:15

Defence place

Rättegångssalen Tryckeriet Juridicum i Lund

Opponent

  • Peter Arnt Nielsen (Associate Professor)