Sovereign Immunity and the Protection of Intellectual Property
Author | : United States. Congress. Senate. Committee on the Judiciary |
Publisher | : |
Total Pages | : 100 |
Release | : 2003 |
Genre | : Law |
ISBN | : |
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Author | : United States. Congress. Senate. Committee on the Judiciary |
Publisher | : |
Total Pages | : 100 |
Release | : 2003 |
Genre | : Law |
ISBN | : |
Author | : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property |
Publisher | : |
Total Pages | : 68 |
Release | : 2000 |
Genre | : Conflict of laws |
ISBN | : |
Author | : Hazel Fox |
Publisher | : OUP Oxford |
Total Pages | : 3290 |
Release | : 2013-08-29 |
Genre | : Law |
ISBN | : 0191669768 |
The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.
Author | : Shayerah Ilias |
Publisher | : Nova Publishers |
Total Pages | : 84 |
Release | : 2008 |
Genre | : Business & Economics |
ISBN | : 9781604565621 |
Introduction -- Intellectual property rights basics -- Global intellectual property holdings -- Contribution of intellectual property to U.S. economy -- The organized structure of IPR protection -- U.S. trade law -- Issues for Congress.
Author | : Roger O'Keefe |
Publisher | : Oxford University Press |
Total Pages | : 508 |
Release | : 2013-03-21 |
Genre | : Law |
ISBN | : 0199601836 |
Providing article-by-article commentary on this crucial convention and a number of cross-cutting analytical chapters, this book will be highly useful for anyone working in general international law and state responsibility. Each article's commentary draws on its drafting history, state practice, and relevant national and international case law.
Author | : Xiaodong Yang |
Publisher | : Cambridge University Press |
Total Pages | : 941 |
Release | : 2012-09-27 |
Genre | : Law |
ISBN | : 0521844010 |
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
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 | : World Intellectual Property Organization |
Publisher | : WIPO |
Total Pages | : 142 |
Release | : 2002 |
Genre | : Law |
ISBN | : 9280511432 |
Report ... addresses the far-reaching impact that digital technologies, the Internet in particular, have had on intellectual property (IP) and the international IP system.
Author | : André Nollkaemper |
Publisher | : |
Total Pages | : 769 |
Release | : 2018 |
Genre | : Law |
ISBN | : 0198739745 |
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Author | : United States |
Publisher | : |
Total Pages | : 2 |
Release | : 1992 |
Genre | : Conflict of laws |
ISBN | : |