Patent Infringement and Forum Shopping in the European Union

This Article first considers the extent to which a patentee is entitled, under the various Conventions governing jurisdiction and enforcement, to which all EU Member States are signatories, to choose the forum in which to sue for infringement. This Article then considers the factors which a patentee is likely to look for when choosing the forum in which to bring proceedings for infringement. It concludes by considering the extent to which, bearing these factors in mind, various jurisdictions within the European Union offer advantages to potential plaintiffs in infringement actions over other jurisdictions. A comprehensive comparison of all jurisdictions in the European Union is beyond the scope of this Article. Instead, this Article will focus primarily upon the practice and procedure of the courts of the United Kingdom and Germany, referring briefly to certain other Member States of the European Union, namely, France and Italy