Opening Word document…

“Protection” of IPR entails judicial enforcement and is a legally binding norm --- that includes courts.

Ubertazzi ’12 [Bendetta; 2012; Max Planck Institute for Innovation and Competition; Exclusive Jurisdiction in International Property, google books]

As for the infringement notion, it encompasses cases where a person who is not the owner or licensee and assignee of the owner of the IPR copies, reproduces, or exercises any of the exclusive rights granted in respect to the IPR in question without the license or consent of the IPR owner. Furthermore, infringement proceedings comprise both claims where the plaintiff brings an IPR infringement action or where the claimant starts a declaratory action to establish that the IPR is not infringed. The term pure infringement claims will be adopted to denote infringement disputes where the validity of the IPR involved is not raised. Additionally, the term transnational misappropriation of IPRs will be used synonymously with transnational infringement of IPRs. The term protection will be treated as synonymous to judicial enforcement.

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