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Forum Choices in Transnational Intellectual Property Litigation

Author

ISBN

9781760025700

Publication date

27/11/2025

Awards

Format

Hardback

Page extent

208

AUD $150.00 gst included

This book was joint winner of the 2024 Holt prize as decided by the esteemed judging panel comprised of The Hon James Allsop AC, Emeritus Professor Barbara McDonald and Elizabeth Collins SC of the New South Wales Bar.

The increasing use of new online and AI technologies to facilitate international transactions has led to a tantamount increase in intellectual property (‘IP’) proceedings across the world.

As different domestic jurisdiction rules require a litigant to instigate parallel proceedings in all forums where their IP rights exist, inefficient and unfair litigation has arisen. Further, the absence of a formal international treaty that uniformly regulates how a litigant may make forum choices during transnational IP litigation has undermined the legal system.

Forum Choices in Transnational Intellectual Property Litigation, which was awarded The Holt Prize in 2024, considers this vexed issue and suggests the establishment of an international regulatory framework, and the availability of a wider range of forum choices to enable litigants to resolve transnational IP disputes in a more efficient and fair manner.

Ho develops a much-needed theoretical framework to determine what constitutes an appropriate forum choice. She argues for the abolition of subject matter jurisdiction and the increased application of the forum non conveniens doctrine; and proposes the harmonisation of private international law as the most suitable method to facilitate appropriate forum choices.

This highly readable and well-researched book provides a synthesised analysis of jurisdiction issues in transnational IP disputes which will be invaluable for practitioners, the judiciary and policymakers.

Foreword by Chief Justice Andrew Bell
Table of Cases
Table of Statutes

Chapter 1 Introduction
Chapter 2 A Theoretical Framework to Determine Appropriate Forum Choices
Chapter 3 Subject Matter Jurisdiction Rules and the Selection of Appropriate Forums
Chapter 4 Harmonising the Forum Non Conveniens Doctrine to Prevent Inappropriate Forum Choices
Chapter 5 Alternative and Regulatory Frameworks to Facilitate Appropriate Forum Choices
Chapter 6 Evaluating the Kyoto Guidelines
Chapter 7 Recommendations to Facilitate Appropriate Forum Choices

Read the Foreword by Chief Justice Andrew S Bell

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