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Intellectual property: Voice of Reason

16 December 2014

Intellectual property: Voice of Reason - read more

A jurisdiction clause with long-reaching consequences for two pharma companies

It is not often I want to give our judicial system a congratulatory slap on the back, but the decision of Mr. Justice Nugee in Merck KGaA v Merck Sharp & Dohme Inc. is one such case.

It highlights how jurisdiction and law clauses in contracts can often be overlooked, or avoided altogether. Because of the parties’ sensitivities, neither side will accept the other’s ‘home’ country’s courts or law and no ‘neutral’ jurisdiction can be agreed upon either ...

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