Marta Pertegás Sender (Maastricht University and University of Antwerp): Current Developments in Cross-Border Enforcement of Patent Rights: Revisiting Territoriality and Reflexive Effect?

About the speaker:
Marta Pertegás Sender is a Professor of Law at Maastricht University and at the University of Antwerp. She teaches and publishes in the area of Private International Law, Transnational Commercial Law and International Litigation. From 2008 to 2017, she served as First Secretary at the Permanent Bureau of The Hague Conference on Private International Law.

About the topic:
The CJEU preliminary ruling in BSH Hausgeräte Case C-339/22 is eagerly awaited by those involved or interested in cross-border enforcement of patent rights. The forthcoming judgment may have broader repercussions for the position of territoriality in international litigation on intellectual property rights or for the private international law of property more generally. On the basis of AG Emiliou's Opinion expected on 22 February 2023, this paper revisits some of the positions defended in my doctoral research almost 25 years ago (on still controversial issues such as the articulation of exclusive jurisdiction rules when validity is contested in infringement cases, or the 'reflexive effect' (effet réflexe) of such exclusive jurisdiction rules in favour of courts in non-EU States).

About the virtual workshop series:
The virtual workshop series „Current Research in Private International Law” is organised by Ralf Michaels and Philomena Hindermann. The series features guest speakers and Institute staff members who present and discuss their work on current developments and research topics in private international law. The workshops are geared to scholars who are researching in the field of private international law, but attendance is open to all individuals having an academic interest (including doctoral candidates and students).