The Community Trade Mark and Design Court of Alicante and Forum Shopping regarding European Community Intellectual Property Rights Litigation

Abstract

Though one may assume that the Alicante CTM and CD Court is a good forum for CTM or CD matters in situations of forum shopping, this is not always true. As this article will explain, there are arguments in favour of filing a complaint with the Alicante CTM and CD Court as well as arguments against it. This article will refer initially to the rules of international jurisdiction set out in the CTMR and the CDR. Then it will explain the most relevant factors litigants take into account when practising forum shopping in intellectual property litigation. These factors relate to both the organization and procedural rules of the Community Trade Mark and Design Courts and to questions of substantive and procedural law. Throughout the explanation of these factors, special attention will be paid to the weight they have in deciding whether to bring proceedings before the Alicante CTM and CD Court.