Volume 25, Issue 92 (winter 2021)                   __Judicial Law Views __2012__, 25(__59__): __224224 | Back to browse issues page

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Almasi N, Shayesteh S. competent court in intellectual property disputes. دیدگاه‌های حقوقی. 2021; 25 (92) :199-224
URL: http://jlviews.ujsas.ac.ir/article-1-1177-en.html
1- Divinity and Law Faculty of Azad University Science and Research Branch
2- Law Faculty of Mofid University , shayesteh7@gmail.com
Abstract:   (849 Views)
The development of international trade law in the field of intellectual property results in the international disputes. Also intellectual property is being breached in non-contractual relationship. These facts cause disputes the subject and parties of which are related to different countries. For example a trademark has been registered in Iran, is being used illegally on goods produced in Germany that are distributed in France. Which court is competent in this case? There is no international treaty on this subject. So the extraction of rules should be done based on different documents relating to the other subjects. National rules are often tacit or synoptic. Defendant’s domicile/residence, the place of registration and the place of harmful act are the most important grounds of jurisdiction in IP disputes.

 
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Type of Study: Applicable Research |
Received: 2018/01/16 | Revised: 2021/10/18 | Accepted: 2020/05/19 | Published: 2021/05/01 | ePublished: 2021/05/01

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