Suisse

États-Unis d'Amérique

Moyens de faire respecter les DPI

Question 1 of the Checklist of Issues on Enforcement 3. According to the US response to question 1 of the Checklist of Issues on Enforcement,18 federal district courts, in addition to state courts, may have "jurisdiction over claims of trademark infringement, misappropriation of trade secrets, or unfair competition based on state laws...depending on the nature of the claims and the parties involved". Please specify, in greater detail, the nature of claims and types of parties for which federal district courts may also have jurisdiction over claims based on state laws and set forth the relevant statutory provisions or other relevant legal authority.

A claim based on state law may be heard in a federal district court under the following statutory provisions: 28 U.S.C. § 1332, which provides for federal court jurisdiction in cases where the citizenship of the parties is diverse (i.e. they are citizens of different states or one is a foreign national) and the amount of the claim exceeds US$50 000; or 28 U.S.C. § 1367, which provides federal jurisdiction to hear state law claims that are related to and part of the same case or controversy as a separate federal claim. In addition, under 28 U.S.C. § 1441, a case bought in state court that satisfies federal jurisdictional requirements may in most cases be removed to federal court at the request of a party.