Publication details

Mezinárodní soudní pravomoc ve sporech z porušení práva k obchodnímu jménu

Title in English International Jurisdiction inTrade Name Infringement Disputes


Year of publication 2021
Type Article in Periodical
Magazine / Source Časopis pro právní vědu a praxi
MU Faculty or unit

Faculty of Law

Web Open access časopisu
Keywords Right toTrade Name; Qualification; International Jurisdiction; Non-contractual Obligation; Damages; Joint Procedure; CLIP Principles
Description The paper answers the question (i) in the courts of which State the injured entrepreneur whose right tothe trade name has been infringed may sue the infringer of his right, (ii) whether, in such a court, the injured entrepreneur may sue for damages in whole (including parts incurred in other countries also); and (iii) whether the injured entrepreneur can sue several infringers who have caused the damage jointly and who are domiciled in different countries, in one proceeding at one court. In closing the paper compares the identified criteria for determining the internationally competent court of the European Union for disputes arising from a violation of the right to trade name under the Brussels I bis Regulation (including criteria formulated by case law of the CJEU) with the CLIP Principles.

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