International Jurisdiction and the Law Applicable to Disputes Arising From Infringement of the Right to a Trade Name as an Industrial Property Right

This article answers the following questions: (i) In courts of which state may injured trader whose right to a trade name has been infringed sue infringers? (ii) May infringer for damages in their entirety (even part originating territory other states)? (iii) What law is applicable disputes arising from infringement (or threat to) non-contractual obligations? (iv) choice be made disputes? (v) How number legal systems case an affecting more than one country dealt with? particular, discusses various criteria contained Brussels I bis Regulation, Rome II Czech private international (outside mentioned regulations), and CJEU this area, while emphasising nature as unregistered industrial property right. Finally, focuses on issue qualification problem factual situation law. Keywords: name, obligation, jurisdiction, law, dépeçage. DOI: https://doi.org/10.3935/cyelp.18.2022.484 work licensed under Creative Commons Attribution − Non-Commercial No Derivatives 4.0 International License. Suggested citation: H Pullmannová, ‘International Jurisdiction Law Applicable Disputes Arising From Infringement Right Trade Name Industrial Property Right’ (2022) 18 CYELP 107.