18 cross-border injunctions to preclude defendants from infringing ...
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Infringement of an intellectual property right, etc., is relevant, but beyond that, the rules of enforcement of cross-border injunctions are important.
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● 1 ● IIP Bulletin 2011 Vol.20 18 Cross-border Injunctions to Preclude Defendants from Infringing Intellectual Property Rights（*） Industrial Property Right Expert Overseas Researcher: Asako Matoba International injunctions can be issued in a legitimate manner in intellectual property right infringement cases. However, there are quite many unsolved problems, such as the geographical scope of an injunction and enforcement thereof, in addition to the issue of international jurisdiction that generally becomes a problem in transnational intellectual property right infringement cases. Whether a court can grant a cross-border injunction is not only related to whether the court has international jurisdiction. However, discussion has been held on the issue of to what extent international jurisdiction is recognized, in determing a demand for a cross-border injunction, particularly in Europe, due to the existence of the Brussels I Regulation and the Lugano Convention, on the premise that judgment...
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