Abolishing Infringement Jurisdiction for EU Marks? – The Perfume Marks Decision 
by the German Federal Court of Justice

Kur, Annette

doi:10.1007/s40319-018-0696-0

Item

ITEM ACTIONSEXPORT

Add to Basket

Local TagsRelease HistoryDetailsSummary

Released

Journal Article

Abolishing Infringement Jurisdiction for EU Marks? – The Perfume Marks Decision by the German Federal Court of Justice

MPS-Authors

/persons/resource/persons51215

Kur, Annette
MPI for Innovation and Competition, Max Planck Society;

External Resource

No external resources are shared

Fulltext (restricted access)

There are currently no full texts shared for your IP range.

Fulltext (public)

There are no public fulltexts stored in PuRe

Supplementary Material (public)

There is no public supplementary material available

Citation

Kur, A. (2018). Abolishing Infringement Jurisdiction for EU Marks? – The Perfume Marks Decision by the German Federal Court of Justice. IIC - international review of intellectual property and competition law, 49(4), 452-465. doi:10.1007/s40319-018-0696-0.

Cite as: https://hdl.handle.net/21.11116/0000-0002-D89B-C

Abstract

In its decision of 9 November 2017 the German Federal Court of Justice held that jurisdiction based on Art. 125(5) EUTMR is only vested in the courts at the place where, based on an overall assessment, the initial cause was set for the individual acts of infringement occurring in multiple Member States. The decision mixes up previous CJEU decisions dealing with international jurisdiction and applicable law. It could have serious repercussions in practice, as it amounts to discarding or at least seriously curtailing infringement jurisdiction based on Art. 125(5) as an alternative to the venues of central jurisdiction listed in Art. 125(1)–(4) EUTMR. In view of the serious consequences, the issue should at least have been referred to the CJEU.