My last post heralded the arrival of "Brussels II". Another of the things it seems aimed at is "ensuring the sound application of contractual agreements as to which courts will deal with the case in the Union". Seems likely that this will implement the Hague Convention of 30 June 2005 on Choice of Court Agreements, which the EU signed up to recently - the US has also signed, but neither has ratified yet. The subject-matter is self-explanatory, and as in the Brussels Convention itself there is a carve-out in Art 2.2 so that it doesn't bite on registered IP rights in the following terms:
n) the validity of intellectual property rights other than copyright and related rights;
o) infringement of intellectual property rights other than copyright and related rights, except where infringement proceedings are brought for breach of a contract between the parties relating to such rights, or could have been brought for breach of that contract;
It does bite on copyright. How about "related rights"? I'd have thought that UK Unregistered Design Right might be covered - it's as close a relative to copyright as you can get - and how about Unregistered Community Design rights? Will Community Designs make it to the good ol' Eastern District of Texas one of these days?
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