IP litigator and partner Tanguy de Haan was interviewed for an article in L’Echo on forum shopping, a practice allowing the claimant to choose, in certain cases, the court before which the case will be litigated.

In Tanguy’s words: "One cannot blame claimants for wanting the most favourable venue. Forum shopping is often about identifying the best judge or the one who has built up a solid body of case law, enshrined in the literature".

In intellectual property cases, it is not uncommon for the claimant, when given the choice, to seek out the court most likely to issue a judgment in its favour.

It goes without saying, however, that this practice is sometimes abused, for instance when claimants in cross-border disputes intentionally choose courts known for longer case processing times.

You can read the full article here (subscription required).

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