Extraterritorial jurisdiction vis-à-vis sovereignty in tackling transnational counterfeits: between a rock and a hard place

Bu, Qingxiu (2018) Extraterritorial jurisdiction vis-à-vis sovereignty in tackling transnational counterfeits: between a rock and a hard place. European Intellectual Property Review, 40 (6). pp. 381-398. ISSN 0142-0461

[img] PDF - Accepted Version
Download (327kB)

Abstract

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.

Item Type: Article
Keywords: Comity; Conterfeits; Discovery; Extraterritoriality.
Schools and Departments: School of Law, Politics and Sociology > Law
Research Centres and Groups: Sussex Centre for Human Rights Research
Depositing User: Qingxiu Bu
Date Deposited: 13 Jun 2018 12:31
Last Modified: 01 Jul 2019 13:02
URI: http://sro.sussex.ac.uk/id/eprint/76457

View download statistics for this item

📧 Request an update