دادگاه صلاحيت دار در دعاوي حقوق مالكيت معنوي در روابط بين الملل خصوصي

The Use of National Courts for Settlement of Intellectual Property Disputes in Private International Relations

As intellectual property rights of individuals and companies could be violated in other countries, the settlement of such disputes is an important subject in international private law. Apart from the complexity inherent in such disputes, the development of internet creates more opportunities for abuse of intellectual property rights. As a result, more attention has been paid to settlement of intellectual property disputes in private international relations. Such disputes could be settled through national courts or by using non-judicial mechanisms such as alternative disputes resolutions (ADR). The use of national courts in settling intellectual property disputes crates certain difficulties regarding the jurisdiction and enforcement of foreign judgments. In this article, the difficulties of settlement of intellectual property disputes through national courts will be investigated.