Abstract
On what basis can courts adjudicate a case that involves an intellectual property (IP) right crossing national boundaries? The primary purpose of this article is to provide a brief answer to this question (the justiciability of foreign IP rights) under UK law within the wider context of the EU law. It concentrates on the justiciability of three main IP rights - copyrights, trade marks and patents. It further explains the current architecture of the legal framework applicable to UK courts and within the EU. It also explores recent jurisprudence on justiciability in the UK courts and in the Court of Justice of European Union (CJEU) in the context of claims related to IP rights with foreign elements. It provides a few conclusions to determine to what extent the current case law is consistent and whether solely accepting justiciability of a foreign IP right is enough to provide access to justice for IP holders.
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