Intellectual Property In The Conflict Of Laws
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Author | : Schaafsma, Sierd J. |
Publisher | : Edward Elgar Publishing |
Total Pages | : 608 |
Release | : 2022-01-14 |
Genre | : Law |
ISBN | : 1839108509 |
This comprehensive book provides a ground-breaking new explanation of the principle of national treatment in the Berne Convention and the Paris Convention and new insights into the history of the conflict-of-laws, aliens law and their relationship. Providing a full and detailed analysis of the existence and the interpretation of the conflict-of-law rule in these conventions, this book will be an important resource for legal scholars, specialized practitioners and policy-makers.
Author | : , European Max Planck Group on Conflict of Laws in Intellectual Property |
Publisher | : OUP Oxford |
Total Pages | : 560 |
Release | : 2013-02-14 |
Genre | : Law |
ISBN | : 9780199665082 |
The Conflict of Laws in Intellectual Property (CLIP) Principles set out rules to resolve international disputes involving intellectual property rights, supplementing international and domestic law, as well as aiding lawyers to interpret the same. This work sets out the Principles alongside article-by-article analysis from authors of the Principles.
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.
Author | : Eckart Gottschalk |
Publisher | : Cambridge University Press |
Total Pages | : 320 |
Release | : 2011-03-03 |
Genre | : Law |
ISBN | : 9780521174015 |
This book contains ten contributions that examine current topics in the evolving transatlantic dialogue on the conflict of laws. The first five contributions deal with the design of judgments conventions in general, the recently adopted Hague Convention on Choice of Court Agreements, problems involving negative declaratory actions in international disputes, and recent transatlantic developments relating to service of process and collective proceedings. The remaining five contributions focus on comparative and economic dimensions of party autonomy, choice of law relating to intellectual property rights, the applicable law in antitrust law litigation, international arbitration, and actions for punitive damages.
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.
Author | : Laurence R. Helfer |
Publisher | : Cambridge University Press |
Total Pages | : 567 |
Release | : 2011-03-07 |
Genre | : Law |
ISBN | : 1139496913 |
This book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students.
Author | : Toshiyuki Kono |
Publisher | : Bloomsbury Publishing |
Total Pages | : 1140 |
Release | : 2012-06-29 |
Genre | : Law |
ISBN | : 1847319696 |
'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.
Author | : Pedro De Miguel Asensio |
Publisher | : Edward Elgar Publishing |
Total Pages | : 561 |
Release | : 2024-05-02 |
Genre | : Law |
ISBN | : 1035315130 |
In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.
Author | : Mireille M. M. van Eechoud |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 306 |
Release | : 2003-01-01 |
Genre | : Law |
ISBN | : 9041120718 |
Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.
Author | : Henning Grosse Ruse-Khan |
Publisher | : Oxford University Press, USA |
Total Pages | : 0 |
Release | : 2016 |
Genre | : Law |
ISBN | : 9780199663392 |
Considers the approach to IP under international trade, bio-diversity and climate change law, reviewing the different answers these systems offer to legal questions on the protection of IP and how these approaches may be recognised within the international IP system.