Exclusive Jurisdiction in Intellectual Property

Exclusive Jurisdiction in Intellectual Property
Author: Benedetta Ubertazzi
Publisher: Mohr Siebeck
Total Pages: 372
Release: 2012
Genre: Intellectual property
ISBN: 9783161519543

Exclusive jurisdiction rules related to intellectual property rights cases are insufficiently supported by the arguments usually invoked in their favor. Benedetta Ubertazzi argues that such rules are even contrary to the public international law provisions on the avoidance of a denial of justice and should therefore be abandoned.--

Intellectual Property Jurisdiction Strategies

Intellectual Property Jurisdiction Strategies
Author: Torsten Bjørn Larsen
Publisher: Edward Elgar Publishing
Total Pages: 324
Release: 2017-10-27
Genre: Actions and defenses
ISBN: 1786437511

This timely and practical guide compares the jurisdictional advantages of litigating a national IP right with those of the corresponding European unitary IP right. The study offers IP practitioners a meticulous yet principled basis for their jurisdictional decisions and shows why it is advantageous for infringers to litigate based on a national IP right and rightholders to litigate based on a European unitary IP right.

When Private International Law Meets Intellectual Property Law

When Private International Law Meets Intellectual Property Law
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 92
Release: 2019-10-15
Genre: Law
ISBN: 9280529137

Co-published by WIPO and the Hague Conference on Private International Law, this guide is a pragmatic tool, written by judges, for judges, examining how private international law operates in intellectual property (IP) matters. Using illustrative references to selected international and regional instruments and national laws, the guide aims to help judges apply the laws of their own jurisdiction, supported by an awareness of key issues concerning jurisdiction of the courts, applicable law, the recognition and enforcement of judgments, and judicial cooperation in cross-border IP disputes.

Employees’ Intellectual Property Rights

Employees’ Intellectual Property Rights
Author: Sanna Wolk
Publisher: Kluwer Law International B.V.
Total Pages: 680
Release: 2016-04-24
Genre: Law
ISBN: 9041192654

In today’s knowledge-based global economy, most inventions are made by employed persons through their employers’ research and development activities. However, methods of establishing rights over an employee’s intellectual property assets are relatively uncertain in the absence of international solutions. Given that increasingly more businesses establish entities in different countries and more employees co-operate across borders, it becomes essential for companies to be able to establish the conditions under which ownership subsists in intellectual property created in employment relationships in various countries. This comparative law publication describes and analyses employers’ acquisition of employees’ intellectual property rights, first in general and then in depth. This second edition of the book considers thirty-four different jurisdictions worldwide. The book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. Among the issues and topics covered by the forty-nine distinguished contributors are the following: • different approaches in different law systems; • choice of law for contracts; • harmonizing international jurisdiction rules; • conditions for recognition and enforcement of foreign judgments; • employees’ rights in copyright, semiconductor chips, inventions, designs, plant varieties and utility models on a country-by-country basis; • employee remuneration right; • parties’ duty to inform; and • instances for disputes. With its wealth of information on an increasingly important subject for practitioners in every jurisdiction, this book is sure to be put to constant use by corporate lawyers and in-house counsel everywhere. It is also exceptionally valuable as a thorough resource for academics and researchers interested in the international harmonization of intellectual property law.

Managing Intellectual Property for Museums

Managing Intellectual Property for Museums
Author: Rina Elster Pantalony
Publisher: WIPO
Total Pages: 70
Release: 2013
Genre: Law
ISBN: 9280524313

This Guide, prepared by Rina Elster Pantalony, was recently updated to reflect the tremendous developments since it was first published in 2007, in particular Digital Rights Management, the role of social media as a business opportunity and traditional knowledge. The two-part Guide first describes IP issues relevant to museums then reviews existing business models that could provide museums with appropriate opportunities to create sustainable funding, and deliver on their stated objectives.

Intellectual Property and Private International Law

Intellectual Property and Private International Law
Author: Toshiyuki Kono
Publisher: Bloomsbury Publishing
Total Pages: 1138
Release: 2012-06-29
Genre: Law
ISBN: 184731970X

'Intellectual property and private international law' was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington (July 2010). This volume contains the General Report and 20 National Reports covering Canada, US, Japan, Korea, India and a number of European countries (Austria, France, Germany, UK, Spain etc). The General Report was prepared on the basis of National Reports. The national reporters not only describe the existing legal framework, but also provide answers for up to 12 hypothetical cases concerning international jurisdiction, choice-of-law and recognition and enforcement of foreign judgments in multi-state IP disputes. Based on their answers the main differences between legal systems as well as the shortcomings of the cross-border enforcement of IP rights are outlined in the General Report. The Reports in this volume analyse relevant court decisions as well as recent legislative proposals (such as the ALI, CLIP, Transparency, Waseda and Korean Principles). This book is therefore a significant contribution to the existing debate in the field and will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context.

Intellectual Property and Private International Law

Intellectual Property and Private International Law
Author: James J. Fawcett
Publisher: Oxford University Press
Total Pages: 1056
Release: 2011-02-17
Genre: Law
ISBN: 019955658X

This volume examines the protection and exploitation of intellectual property rights, along with international problems relating to which court has jurisdiction and which is the relevant law in foreign cases and judgments.

Digital Peripheries

Digital Peripheries
Author: Petr Szczepanik
Publisher: Springer Nature
Total Pages: 303
Release: 2020-05-15
Genre: Business & Economics
ISBN: 3030448509

This is an open access book. Media industry research and EU policymaking are predominantly tailored to large (and, in the latter case, Western) European markets. This open access book addresses the specific qualities of smaller media markets, highlighting their vulnerability to global digital competition and outlining survival strategies for them. New online distribution models and new trends in the consumption of audiovisual content are limited by, and pose new challenges for, existing audiovisual business models and their legal framework in the EU. The European Commission’s Digital Single Market (DSM) strategy, which was intended e.g. to remove obstacles to the cross-border distribution of audiovisual content, has triggered a heated debate on the transformation of the existing ecosystem for European screen industries. While most current discussions focus on the United States, Western Europe, and the multinational giants, this book approaches these industry trends and policy questions from the perspective of relatively small and peripheral (in terms of their population, language, cross-border cultural flows, and financial and/or symbolic capital) media markets.