Posted: December 16th, 2009
Lucasfilm Limited c.s. v. Andrew Ainsworth c.s., High Court of Justice, Court of Appeal (Civil Division), UK, 16 December 2009, Docket No. Case No: A3/2008/2878/2893/2897
Copyrights case with interesting reasonings on justicialibility ('subject-matter' jurisdiction), also applicable to patents.
The Court of Appeal is: 'not impressed by the supposed difference in principle between questions of subsistence or registration of the right and its infringement.'
Questioning the scope of a monopoly granted by a sovereign state in a foreign court carries with it the foreign court ruling on the scope of a sovereign act, which is not different in kind from ruling on its validity. The distinction drawn in principle by the Regulation is drawn in the context of a fully balanced scheme and where a policy decision had to be made. Could the courts of one Member State revoke a patent registered in another Member State? That was seen as going too far and so was not allowed at that stage of the development of a European cross-border jurisdiction.
The Court of Appeal accordingly concludes that the supposed international jurisdiction over copyright infringement claims does not exist.
Read the judgment (in English) here.