Η διεθνής δικαιοδοσία και το εφαρμοστέο δίκαιο στο σήμα : κατά το ενωσιακό δίκαιο

Abstract

In our globalized world, the importance and ubiquity of intellectual property seem over-expanding. Intellectual property rights are global in their operation, but also territorial in their legal nature. With trademark right a growing subject of cross-border litigation, this tension between ubiquity and territoriality, operation and remedies gives rise to many difficulties and questions. Such questions include how to determine and organize the applicable procedural framework that guarantees at the same time the effective protection of trademark right and legal certainty. Issues related to conflict of jurisdiction and conflicts of laws referring to infringement of trademark right, makes interesting to deal with. Moreover the use of a trademark on internet makes more complicated these matters. This paper attempts to present the European laws under which is determined the jurisdiction and the law applicable in trademark cases. Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, Regulation (EC) No 593/2008 on the law applicable to contractual obligations (Rome I), Regulation (EC) No 864/2007 on the law applicable to non-contractual obligations (Rome II) and Council Regulation (EC) No 207/2009 on the Community trade mark, puzzles the European legal framework in which we search solutions for the arising problems.