Extraterritorial Jurisdiction vis-à-vis Sovereignty (EIPR).pdf (319.53 kB)
Extraterritorial jurisdiction vis-à-vis sovereignty in tackling transnational counterfeits: between a rock and a hard place
Discusses, with reference to US case law, the jurisdictional challenges posed by transnational counterfeits. Examines the jurisdictional reach of US courts, the mechanisms by which a court can ensure compliance with transnational discovery, and the remaining areas of uncertainty. Reviews the use of comity to restrict extraterritorial applications, China's firewall against US courts, and the extraterritorial liability risks in global governance.
History
Publication status
- Published
File Version
- Accepted version
Journal
European Intellectual Property ReviewISSN
0142-0461Publisher
Sweet & MaxwellIssue
6Volume
40Page range
381-398Department affiliated with
- Law Publications
Research groups affiliated with
- Sussex Centre for Human Rights Research Publications
Full text available
- Yes
Peer reviewed?
- Yes