Multi-jurisdictional disputes in IP: problems and perspective

Giovannardi, A. | Grieco, A. | Tamburrino, C.
February 2013


The proliferation of multi-jurisdictional disputes in IP is one of the main and most important problem in the nowadays international Intellectual Property framework: in fact, even if the history of intellectual property appears to grow and develop in international perspective more than other legal topics, at national level the tools provided for the protection of intellectual property differs for interpretations and applications of general principle.

This clash of judgments has different consequences strictly related to which law is applicable to claims of infringement in multinational settings, that typically implicate questions of national law. First of all there is a territoriality issue because of exclusive jurisdiction rules, the right holder could not pursue their claims in a single proceeding and instead, they must file suit in each country where the individual IPRs are registered: this situation has as consequences multiplication of costs, plurality of potential conflincting decisions and the question arising with the enforncement of a decision.