‘Recognizing and Correcting a Discrepancy’

Marketa Trimble, The Territorial Discrepancy Between Intellectual Property Rights Infringement Claims and Remedies, 23 Lewis and Clark Law Review 501 (2019), available at SSRN. Intellectual property rights are territorial. Infringement claims – of unauthorized copying, making, selling, using – involving patents, copyrights, trademarks, or trade secrets are extraterritorial. Courts are also territorial, and their jurisdictional reach often limited by geography. So, what happens when a successful intellectual property claimant seeks to remedy the wrong in the courts? How do extraterritorial harms map onto the territorial limits of courts and rights? In The Territorial Discrepancy Between Intellectual Property Rights Infringement Claims and Remedies, Professor Marketa Trimble offers a powerful analytic assessment of these issues, introducing new conceptual vocabulary and policy solutions … (more)

[Shubha Ghosh, JOTWELL, 23 September]

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