Joint Ownership of Trademarks and International Injunctions Related to Intellectual Property Rights. An ‘Italian Comedy’ With a ‘French Ending’. A Review of an Argentine Supreme Court Ruling Regarding an Application for Interim Relief in the Lawsuit

Abstract

In a trademark joint-ownership lawsuit over the mark La Martina, pending at a local court, one of the joint-owners filed an application for a restrictive injunction intended to be enforced upon the Italian Patent and Trademark Office. Upon appeal, the Argentine Supreme Court delivered a decision upholding the jurisdiction of local courts over provisional measures to be enforced in foreign countries. The present review intends to answer the following questions: a) Is it possible in Argentina to apply for and be awarded interim relief intended to protect trademark rights in a foreign country?, b) Which is the legal framework of these measures?, c) Does Article 50 of TRIPS support interim injunctions intended to prevent amendments to a foreign trademark registration? d) What court has jurisdiction over co-ownership of a trademark pursuant to the Argentine law? e) What law governs trademark co-ownership? f) What are the rules governing this case, being a mixed case, which involves Italy? The Argentine Supreme Court clearly established that ownership issues are beyond the traditional territorial principle governing intellectual property rights (IPR's). Finally, framing provisional measures within Article 50.2 of TRIPS is a relevant development for the international defense and protection of IPRs. The solution is consistent with the latest doctrinal solutions, such as CLIP Principles and ALI Principles