The International Intellectual Property System
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Author | : Frederick M. Abbott |
Publisher | : |
Total Pages | : 1280 |
Release | : 1999 |
Genre | : Law |
ISBN | : |
Everywhere, new tax rules are under development to engage with the ever-increasing complexity and sophistication of aggressive tax planning and to reverse the tax base erosion it leads to. The most prominent initiative in this context is the Base Erosion and Profit Shifting (BEPS) project of the OECD. Although double non-taxation is among the main issues the BEPS project intends to address, this book shows that this phenomenon has not yet been fully understood. Focusing on the fundamental freedoms and the State aid rules of the EU, this book thoroughly explains the nature of double non-taxation from an EU law perspective, its relation to double taxation, and the impact of EU law on these phenomena. Among the issues dealt with in the course of the analysis are the following: - locating the gaps and inconsistencies among domestic tax systems exploited by taxpayers; - hybrid mismatch arrangements as a prime example of double non-taxation; - political efforts undertaken within the EU in order to address double taxation and double non-taxation; - double non-taxation in the European VAT system; - the convergence of the fundamental freedoms and the State aid rules; - the ECJ's dilemma with regard to juridical double taxation; - the deviating approach with regard to economic double taxation; - the potential impact of the ECJ's case law on the EU law compatibility of double non-taxation. The tax jurisprudence of the ECJ is referred to and comprehensively analysed throughout this whole book. A final chapter provides an outlook on possible developments in the future. By providing the first in-depth analysis of EU law's impact on double non-taxation - and the double taxation relief standards with which it is intimately related - this book takes a giant step towards greater legal certainty in this challenging area of tax law. It will quickly take its place as a major practical analysis which benefits tax authorities, scholars, and tax practitioners across Europe and even beyond.
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.
Author | : Emmanuel Kolawole Oke |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 306 |
Release | : 2022-04-19 |
Genre | : Law |
ISBN | : 900451208X |
This book presents a critical examination of the policy space in international intellectual property law through the unique lens of glocalisation. It further highlights the role that the WTO’s adjudicatory bodies play in preserving this space in international IP law.
Author | : National Research Council |
Publisher | : National Academies Press |
Total Pages | : 457 |
Release | : 1993-02-01 |
Genre | : Political Science |
ISBN | : 0309048338 |
As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
Author | : Anthony D'Amato |
Publisher | : Springer |
Total Pages | : 696 |
Release | : 1997-07-23 |
Genre | : Law |
ISBN | : |
Concentrating on international intellectual property law, this volume is a collection of works by current authors in the field. Their work is supplemented by numerous essays and notes prepared by the editors. The controlling provisions of the major treaties in the field are included in a comprehensive appendix.
Author | : Claudy Op den Kamp |
Publisher | : Cambridge University Press |
Total Pages | : 446 |
Release | : 2019-06-20 |
Genre | : Law |
ISBN | : 1108352022 |
What do the Mona Lisa, the light bulb, and a Lego brick have in common? The answer - intellectual property (IP) - may be surprising, because IP laws are all about us, but go mostly unrecognized. They are complicated and arcane, and few people understand why they should care about copyright, patents, and trademarks. In this lustrous collection, Claudy Op den Kamp and Dan Hunter have brought together a group of contributors - drawn from around the globe in fields including law, history, sociology, science and technology, media, and even horticulture - to tell a history of IP in 50 objects. These objects not only demonstrate the significance of the IP system, but also show how IP has developed and how it has influenced history. Each object is at the core of a story that will be appreciated by anyone interested in how great innovations offer a unique window into our past, present, and future.
Author | : |
Publisher | : World Intellectual Property Organization |
Total Pages | : 460 |
Release | : 2004 |
Genre | : Conflict of laws |
ISBN | : 9789280512915 |
Author | : Arpad Bogsch |
Publisher | : |
Total Pages | : 140 |
Release | : 1992 |
Genre | : Intellectual property |
ISBN | : |
In order to place the 25 years in a historical context, the essay does, exceptionally, deal also with pre-1967 events and with post-1992 possibilities.
Author | : L.T.C. Harms |
Publisher | : WIPO |
Total Pages | : 576 |
Release | : 2012 |
Genre | : Law |
ISBN | : 9280522493 |
With this publication, WIPO and the author aim at making available for judges, lawyers and law enforcement officials a valuable tool for the handling of intellectual property cases. To that effect, the case book uses carefully selected court decisions drawn from various countries with either civil or common law traditions. The extracts from the decisions and accompanying comments illustrate the different areas of intellectual property law, with an emphasis on matters that typically arise in connection with the enforcement of intellectual property rights in civil as well as criminal proceedings.
Author | : Carolyn Deere Birkbeck |
Publisher | : Edward Elgar Publishing |
Total Pages | : 346 |
Release | : 2016-03-25 |
Genre | : Law |
ISBN | : 1785364782 |
As a ‘Specialized Agency’ of the UN, the World Intellectual Property Organization aims to be the premier global forum for intellectual property services, policy, information and cooperation. Whilst many individuals, firms, institutions and governments know and use WIPO services, the ways in which it functions, how priorities are set and decisions made are less well-understood. Indeed, a diversity of WIPO’s stakeholders and member governments express frustration that WIPO’s governance is not only complex but at times opaque. This practical guide offers a unique insight into how WIPO is governed, described in clear, readily accessible terms for policymakers, scholars and stakeholders. The guide reviews the origins of WIPO and sets out its current functions and activities, presenting a framework for analysing WIPO’s complex governance system. The core of the text will improve the reader’s understanding of WIPO in five thematic areas: • Legal foundations, mandate and purpose • Decision-making structures, processes and practices • Financial arrangements (such as income sources and the budget process) • Mechanisms for accountability and control of the Secretariat (such as policies on oversight, audit and evaluation) • Transparency and external relations. The text is accompanied by a number of valuable appendices, including key documents that have, to date, not been readily available to the public. Written by a leading WIPO commentator, The World Intellectual Property Organization (WIPO): A Reference Guide is the first comprehensive reference book to illuminate the nuts and bolts of WIPO governance. It will prove an invaluable and handy resource for those who interact with WIPO on any level, as well as to researchers seeking an introduction to how the organisation works.