Forum shopping prospers despite Enforcement Directive
01 July 2008
A review of seven jurisdictions shows that many disparities remain in enforcement in Europe. Canny IP owners can exploit these differences to their advantage
The IP Enforcement Directive (Directive 2004/48/EC) has finally been implemented in the EU member states. We are beginning to see how the Directive will affect IP rights owners. Although the Directive aimed to establish harmonized minimum standards, it is now clear that it has been implemented differently in member states and that there remains some scope for forum shopping in litigation....
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