Intellectual Property in the Conflict of Laws

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1839108509
Total Pages : 608 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Intellectual Property in the Conflict of Laws by : Schaafsma, Sierd J.

Download or read book Intellectual Property in the Conflict of Laws written by Schaafsma, Sierd J. and published by Edward Elgar Publishing. This book was released on 2022-01-14 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Conflict of Laws in Intellectual Property

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Author :
Publisher : OUP Oxford
ISBN 13 : 9780199665082
Total Pages : 560 pages
Book Rating : 4.6/5 (65 download)

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Book Synopsis Conflict of Laws in Intellectual Property by : , European Max Planck Group on Conflict of Laws in Intellectual Property

Download or read book Conflict of Laws in Intellectual Property written by , European Max Planck Group on Conflict of Laws in Intellectual Property and published by OUP Oxford. This book was released on 2013-02-14 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Choice of Law in Copyright and Related Rights

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041120718
Total Pages : 306 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Choice of Law in Copyright and Related Rights by : Mireille M. M. van Eechoud

Download or read book Choice of Law in Copyright and Related Rights written by Mireille M. M. van Eechoud and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Intellectual Property Rights and the Conflict of Laws

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Author :
Publisher : Springer
ISBN 13 :
Total Pages : 134 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Intellectual Property Rights and the Conflict of Laws by : Eugen Ulmer

Download or read book Intellectual Property Rights and the Conflict of Laws written by Eugen Ulmer and published by Springer. This book was released on 1978 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Intellectual Property in the Conflict of Laws

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Author :
Publisher : Paul Mohr Verlag
ISBN 13 : 9783161485138
Total Pages : 269 pages
Book Rating : 4.4/5 (851 download)

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Book Synopsis Intellectual Property in the Conflict of Laws by : Jürgen Basedow

Download or read book Intellectual Property in the Conflict of Laws written by Jürgen Basedow and published by Paul Mohr Verlag. This book was released on 2005 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers originally presented at a meeting held on Mar. 2-3, 2004 in Hamburg, Germany, and organized by the Max Planck Institute for Foreign Private and Private International Law, Hamburg, and the Max Planck Instittute for Intellectual Property, Competition and Tax Law, Munich.

Rethinking Intellectual Property

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1783478012
Total Pages : 432 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Rethinking Intellectual Property by : Gustavo Ghidini

Download or read book Rethinking Intellectual Property written by Gustavo Ghidini and published by Edward Elgar Publishing. This book was released on 2018-01-26 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.

Intellectual Property Jurisdiction Strategies

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1786437511
Total Pages : 336 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Intellectual Property Jurisdiction Strategies by : Torsten Bjørn Larsen

Download or read book Intellectual Property Jurisdiction Strategies written by Torsten Bjørn Larsen and published by Edward Elgar Publishing. This book was released on 2017-10-27 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Exclusive Jurisdiction in Intellectual Property

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Author :
Publisher : Mohr Siebeck
ISBN 13 : 9783161519543
Total Pages : 372 pages
Book Rating : 4.5/5 (195 download)

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Book Synopsis Exclusive Jurisdiction in Intellectual Property by : Benedetta Ubertazzi

Download or read book Exclusive Jurisdiction in Intellectual Property written by Benedetta Ubertazzi and published by Mohr Siebeck. This book was released on 2012 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 and Private International Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 9780198262145
Total Pages : 846 pages
Book Rating : 4.2/5 (621 download)

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Book Synopsis Intellectual Property and Private International Law by : J. J. Fawcett

Download or read book Intellectual Property and Private International Law written by J. J. Fawcett and published by Oxford University Press. This book was released on 1998 with total page 846 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection and commercial exploitation of intellectual property rights such as patents, trade marks, designs and copyright are seldom confined to one country and the introduction of a foreign element inevitably raises potential problems of private international law, ranging fromestablishing which court has jurisdiction and which is the applicable law to securing the recognition and enforcement of foreign judgments. For example, will a foreign defendant be subject to the jurisdiction of the English courts if he induces his English distributor to infringe a patent inEngland? What law will apply to a trade mark licensing agreement made between a German company and a French company where the parties have not expressly chosen whose law governs their contract? And are an author's rights determined by the same law as that governing the issue of the transferabilityof copyright? Although such issues are becoming increasingly important, a dearth of literature exists on the subject. Fawcett and Torremans remedy that neglect and provide a systematic and comprehensive analysis of the topic that will be welcomed by practitioners and scholars alike. From the authors' preface This book is concerned with the application of the rules of private international law to intellectual property cases. Private international lawyers have largely ignored this topic, and it has been left to intellectual property lawyers to discuss this. This is a pity. It is a topic which raisesunique questions for the private international lawyer which deserve an answer, and at the same time tells us much about the rules of private international law that are being applied. The aim of the book is to fill this gap in the literature. The emphasis in the book is on private international lawrather than on intellectual property law. Nonetheless, it is hoped that intellectual property lawyers will find much to interest them here Most of the book is taken up with a discussion of the relevant rules of private international law and their application in the context of intellectual property law. A major theme of the book is the extent to which there are special rules of private international law for this area and whether thereshould be such rules. Alternative private international law solutions will be considered by looking at the law in other jurisdictions and, where appropriate, proposals will be put forward for a better solution This book is part of the Oxford Monographs in Private International Law series, the aim of which is to publish work of high quality and originality in a number of important areas of private international law. The series is intended for both scholarly and practitioner readers.

Intellectual Property Rights and the Conflict of Laws

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Author :
Publisher :
ISBN 13 :
Total Pages : 113 pages
Book Rating : 4.:/5 (758 download)

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Book Synopsis Intellectual Property Rights and the Conflict of Laws by : Eugen Ulmer

Download or read book Intellectual Property Rights and the Conflict of Laws written by Eugen Ulmer and published by . This book was released on 1978 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Grounds of the Immaterial

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1786432501
Total Pages : 328 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Grounds of the Immaterial by : Niels van Dijk

Download or read book Grounds of the Immaterial written by Niels van Dijk and published by Edward Elgar Publishing. This book was released on 2017-07-28 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book applies a novel conflict-based approach to the notions of ‘idea’, ‘concept’, ‘invention’ and ‘immateriality’ in the legal regime of intellectual property rights by turning to the adversarial legal practices in which they occur. In doing so, it provides extensive ethnographies of the courts and law firms, and tackles classical questions in legal doctrine about the immaterial nature of intellectual property rights from a thoroughly new perspective.

Intellectual Property in Asia

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 354089702X
Total Pages : 367 pages
Book Rating : 4.5/5 (48 download)

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Book Synopsis Intellectual Property in Asia by : Paul Goldstein

Download or read book Intellectual Property in Asia written by Paul Goldstein and published by Springer Science & Business Media. This book was released on 2009-01-07 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction Intellectual property rights foster innovation. But if, as it surely does, “intellectual property” means not just intellectual property rules—the law of patents, copyrights, trademarks, designs, trade secrets, and unfair competition—but also intellectual property institutions—the courts, police, regulatory agencies, and collecting soc- ties that administer these rules—what are the respective roles of intellectual property rules and institutions in fostering creativity? And, to what extent do forces outside intellectual property rules and institutions—economics, culture, politics, history—also contribute to innovation? Is it possible that these other factors so overwhelm the impact of intellectual property regimes that it is futile to expect adjustments in intellectual property rules and institutions to alter patterns of inno- tion and, ultimately, economic development? It was to address these questions in the most dynamic region of the world today, Asia, that we invited leading country experts to contribute studies that not only summarize the current condition of intellectual property regimes in countries ranging in economic size from Cambodia to Japan, and in population from Laos to China, but that also describe the historical sources of these laws and institutions; the realities of intellectual property enforcement in the marketplace; and the political, economic, educational, and scientific infrastructures that sustain and direct inve- ment in innovative activity. A.

Transnational Intellectual Property Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1785368257
Total Pages : 864 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Transnational Intellectual Property Law by : Robert P. Merges

Download or read book Transnational Intellectual Property Law written by Robert P. Merges and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt: As companies and organisations increasingly operate across national boundaries, so the incentive to understand how to acquire, deploy and protect IP rights in multiple national jurisdictions has rapidly increased. Transnational Intellectual Property Law meets the need for a book that introduces contemporary intellectual property as it is practiced in today’s global context. Focusing on three major IP regimes – the United States, Europe and China – the unique transnational approach of this textbook will help law students and lawyers across the world understand not only how IP operates in different national contexts, but also how to coordinate IP protection across numerous national jurisdictions. International IP treaties are also covered, but in the context of an overall emphasis on transnational coordination of legal rights and strategies.

Intellectual Property and Private International Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 184731970X
Total Pages : 1138 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Intellectual Property and Private International Law by : Toshiyuki Kono

Download or read book Intellectual Property and Private International Law written by Toshiyuki Kono and published by Bloomsbury Publishing. This book was released on 2012-06-29 with total page 1138 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.

Copyright Law in the Digital World

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Author :
Publisher : Springer
ISBN 13 : 9811039844
Total Pages : 328 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Copyright Law in the Digital World by : Manoj Kumar Sinha

Download or read book Copyright Law in the Digital World written by Manoj Kumar Sinha and published by Springer. This book was released on 2017-03-06 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the key issues, challenges and implications arising out of changes in the copyright law and corresponding judicial responses. Using concrete examples, the book does not assume any prior knowledge of copyright law, but brings together leading intellectual property researchers to consider the significant role of copyright law in shaping the needs of the modern digital world. It provides an insight into two distinct arenas: copyright and digital media. The exponential increase in the ability to multiply and disseminate information by digital means has sparked numerous conflicts pertaining to copyright – and in turn has prompted lawmakers to expand the scope of copyright protection in the digital age. Bearing in mind the new questions that the advent of the digital age has raised on the role and function of copyright, the book presents a collection of papers largely covering new frontiers and changing horizons especially in this area. The contributions intensively address core issues including the exhaustion principle, copyright and digital media, liability of hosting service providers, the originality requirement, accessibility to published works for the visually disabled, criminalization of copyright infringement, and software protection under copyright law, among others. Consisting of 14 papers, this book will be equally interesting to researchers, policymakers, practitioners and lawmakers, especially those active in the field of Intellectual Property Rights (IPR).

Intellectual Property Protection Restoration Act of 2003

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Author :
Publisher :
ISBN 13 :
Total Pages : 80 pages
Book Rating : 4.0/5 (11 download)

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Book Synopsis Intellectual Property Protection Restoration Act of 2003 by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property

Download or read book Intellectual Property Protection Restoration Act of 2003 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property and published by . This book was released on 2003 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Intellectual Property and Private International Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847312411
Total Pages : 384 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Intellectual Property and Private International Law by : Josef Drexl

Download or read book Intellectual Property and Private International Law written by Josef Drexl and published by Bloomsbury Publishing. This book was released on 2005-02-23 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between intellectual property and private international law is a fascinating and multi-faceted one. Both fields are inherently international, but it is the exponential increase in conflicts involving trans-border elements, in a world characterised by global trade and borderless communication structures, that has, in modern times, drawn the two disciplines close. The essays contained in this book, first presented at a Symposium in Munich, set out possible visions for a future system of international and regional jurisdiction and applicable law that is better adapted to the increasingly supranational character of IP rights. A second feature of the book is its treatment of 'harmonisation' of choice-of-law issues. Framed by these two elements - international jurisdiction on the one hand and perspectives for harmonised choice of law rules in an international context on the other - specific European themes are also addressed; jurisdiction, the establishment of a European judiciary in the patent field, the relationship between regional (European) systems and an international jurisdiction convention, and the recent proposal for a Regulation on applicable law in non-contractual relationships (Rome II).