Litigios Transfronterizos Sobre Derechos De Propiedad Industrial E Intelectual

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Litigios transfronterizos sobre derechos de propiedad industrial e intelectual

Author : Aurelio López-Tarruella Martínez
Publisher : Publidisa
ISBN 13 : 8498492084
Total Pages : 281 pages
Book Rating : 4.4/5 (984 download)

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Book Synopsis Litigios transfronterizos sobre derechos de propiedad industrial e intelectual by : Aurelio López-Tarruella Martínez

Download or read book Litigios transfronterizos sobre derechos de propiedad industrial e intelectual written by Aurelio López-Tarruella Martínez and published by Publidisa. This book was released on 2008 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: La necesidad de adoptar mecanismos procesales y judiciales que garanticen la protecci¢n de los derechos de propiedad industrial e intelectual constituye un objetivo de los Estados, tanto en el mbito internacional como el comunitario. A pesar de haber adoptado diversas directivas comunitarias ? en particular, la Directiva 2004/48 sobre la observancia de los derechos ? y tratados internacionales ? el Acuerdo ADPIC, en el marco de la OMC ? para garantizar este objetivo, la efectividad de los mismos en Europa disminuye cuando los litigios en los que se ven inmersos los titulares de estos derechos adquieren un car cter transfronterizo. Ello es debido a que el sistema de competencia judicial internacional vigente en la Comunidad Europea ? establecido en el Reglamento 44/2001 y los Reglamentos sobre derechos de propiedad industrial comunitarios ? presenta algunas carencias constatables en la jurisprudencia de los tribunales nacionales y del Tribunal de Justicia de las Comunidades Europeas. Por un lado, el sistema impone obst culos para que los titulares de derechos de propiedad industrial puedan concentrar ante un mismo tribunal sus demandas por infracciones de derechos sufridas en una pluralidad de Estados. En muchos supuestos, para obtener una protecci¢n integral de sus derechos, los titulares se ven obligados a presentar demandas en cada uno de los pa¡ses en los que se ha sufrido la infracci¢n, circunstancia que alarga enormemente los procesos, encarece el acceso a la justicia y, adem s, resta seguridad jur¡dica, pues los tribunales de un Estado no est n obligados a adoptar la misma sentencia que se ha adoptado en otro. Por otro lado, como queda demostrado por la pr ctica judicial en ciertos Estados miembros, ciertas disposiciones del Reglamento 44/2001 son utilizadas fraudulentamente por los infractores de derechos de propiedad industrial e intelectual para dilatar la duraci¢n de los procesos, circunstancia que, de nuevo, erosiona el objetivo de garantizar un alto nivel de protecci¢n de estos derechos. Entre otras estratagemas, nos referimos a la pr ctica de los ?torpedos? ? la presentaci¢n de una acci¢n declarativa de ausencia de infracci¢n en un Estado para paralizar cualquier acci¢n por infracci¢n que el titular de los derechos pueda presentar ante los tribunales de cualquier otro Estado miembro ? o a la presentaci¢n de acciones o excepciones de nulidad del derecho de propiedad industrial ante los tribunales del Estado de registro para paralizar los procedimientos sobre infracci¢n de dichos derechos iniciados ante los tribunales del Estado del domicilio del demandado. El presente trabajo est destinado analizar estas carencias del r‚gimen de competencia judicial internacional en materia de propiedad industrial e intelectual establecido por el Reglamento 44/2001 y los Reglamentos de derechos de propiedad industrial comunitarios. Se pretende, tambi‚n, ofrecer propuestas para solucionar estos problemas y facilitar que, adem s de garantizar el principio de seguridad jur¡dica y el derecho de defensa que asiste a todo demandado, el r‚gimen de competencia judicial internacional comunitario asegure ese otro objetivo de las instituciones consistente en la tutela efectiva de la propiedad industrial e intelectual.

Intellectual Property and Private International Law

Author : Toshiyuki Kono
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 in the Information Society

Author : Brigitte Lindner
Publisher : Edward Elgar Publishing
ISBN 13 : 9781786439192
Total Pages : 1032 pages
Book Rating : 4.4/5 (391 download)

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Book Synopsis Copyright in the Information Society by : Brigitte Lindner

Download or read book Copyright in the Information Society written by Brigitte Lindner and published by Edward Elgar Publishing. This book was released on 2019 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt: This substantially revised second edition evaluates the Directive on Copyright in the Information Society and its interpretation by the European Court of Justice in the light of its implementation and application in the EU's 28 member states. Following the initial implementation of the Directive, many member states have enacted further legislation to supplement or refine their earlier implementation: this edition will take these important developments into account. Providing a snapshot of the status quo of copyright protection in the member states, this book is an indispensable tool for the national implementation of the newly adopted Directive on Copyright in the Digital Single MarketKey features of the updated second edition include:* Chapters authored by experts from all 28 member states, providing detailed analysis on how the Directive has been implemented and applied on a national level* Contextual chapters on the relevant WIPO treaties and the Directive that highlight areas of discretion left to national legislators* Updated review of the European Court's case law that serves to interpret the Directive* Expanded Foreword by Dr Jörg Reinbothe, the architect of the Directive.Combining practical information on implementation of the Directive with the latest academic research this book will be of great value to policy makers, practising lawyers and researchers alike. The book will be of particular interest for the further development of copyright in the Digital Single Market since it captures the status quo of copyright protection in the member states at a decisive moment in the legislative debate.

Encyclopedia of Private International Law

Author : Jürgen Basedow
Publisher : Edward Elgar Publishing
ISBN 13 : 9781782547228
Total Pages : 2500 pages
Book Rating : 4.5/5 (472 download)

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Book Synopsis Encyclopedia of Private International Law by : Jürgen Basedow

Download or read book Encyclopedia of Private International Law written by Jürgen Basedow and published by Edward Elgar Publishing. This book was released on 2017-09-29 with total page 2500 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Encyclopedia of Private International Law quite simply represents the definitive reference work in the field. Bringing together 195 authors from 57 countries the Encyclopedia sheds light on the current state of Private International Law around the globe, providing unique insights into the discipline and how it is affected by globalization and increased regional integration.The role and character of Private International Law has changed tremendously over the past decades. With the steady increase of global and regional inter-connectedness the practical significance of the discipline has grown. And so has the number of legislative activities on the national, international and, most importantly, the European level.The Encyclopedia is a rich and varied resource in four volumes. The first two volumes provide comprehensive coverage of topical aspects of Private International Law in the form of 247 alphabetically arranged entries. The third volume provides insightful detail on the national Private International Law regimes of 80 different countries. The fourth volume presents invaluable, and often unique, English language translations of the national codifications and provisions of Private International Law in those countries.Key Features:* 247 substantive entries* 80 national reports* Entries organized alphabetically for ease of navigation * Fully cross-referenced* Entries written by the world's foremost scholars of Private International Law* National codifications in English collected together into a single volume for quick reference* World class editor team.

Google and the Law

Author : Aurelio Lopez-Tarruella
Publisher : Springer Science & Business Media
ISBN 13 : 9067048453
Total Pages : 404 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Google and the Law by : Aurelio Lopez-Tarruella

Download or read book Google and the Law written by Aurelio Lopez-Tarruella and published by Springer Science & Business Media. This book was released on 2012-02-23 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Google’s has proved to be one of the most successful business models in today’s knowledge economy. Its services and applications have become part of our day-to-day life. However, Google has repeatedly been accused of acting outside the law in the development of services such as Adwords, Googlebooks or YouTube. One of the main purposes of this book is to assess whether those accusations are well-founded. But more important than that, this book provides a deeper reflection: are current legal systems adapted to business models such as that of Google or are they conceived for an industrial economy? Do the various lawsuits involving Google show an evolution of the existing legal framework that might favour the flourishing of other knowledge-economy businesses? Or do they simply reflect that Google has gone too far? What lessons can other knowledge-based businesses learn from all the disputes in which Google has been or is involved? This book is valuable reading for legal practitioners and academics in the field of information technologies and intellectual property law, economists interested in knowledge-economy business models and sociologists interested in internet and social networks. Dr. Aurelio Lopez-Tarruella is Senior Lecturer in Private International Law at the University of Alicante, Spain.

Collective Management of Copyright and Related Rights

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 9280534653
Total Pages : 252 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Collective Management of Copyright and Related Rights by : World Intellectual Property Organization

Download or read book Collective Management of Copyright and Related Rights written by World Intellectual Property Organization and published by WIPO. This book was released on 2022-12-22 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third edition of Collective Management of Copyright and Related Rights presents an in-depth revision with invaluable updates on the different systems, legislative options and best practices of CMOs worldwide. As with previous editions, the book is written to reach a wide audience, with a special focus on questions that might emerge for governments as they prepare, adopt and apply collective management norms and regulations. The edition also sheds light on new copyright and related rights developments, including digital, technological and business trends, from all over the world. Additionally, there is detailed discussion on topics such as aspects of competition, national treatment, and different models of collective management.

Civil and Commercial Mediation in Europe (set - Vols. 1&2)

Author : Carlos Esplugues Mota
Publisher :
ISBN 13 : 9781780682495
Total Pages : 0 pages
Book Rating : 4.6/5 (824 download)

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Book Synopsis Civil and Commercial Mediation in Europe (set - Vols. 1&2) by : Carlos Esplugues Mota

Download or read book Civil and Commercial Mediation in Europe (set - Vols. 1&2) written by Carlos Esplugues Mota and published by . This book was released on 2014-03-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally available as two separate volumes, Intersentia's Civil and Commercial Mediation in Europe is now available as a two volume set. *** About Volume I on National Mediation Rules and Procedures: Mediation is becoming an increasingly important tool for resolving civil and commercial disputes. Although it has been long since recognized in many legal systems, in recent years it has received an important boost and is currently one of the most topical issues in the field of dispute resolution. The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters, prescribes a set of minimum common rules on mediation for all EU Member States, with the exception of Denmark. This book examines the current legal framework in every EU Member State regarding mediation in civil and commercial matters, as well as the way in which the Directive has been, or is expected to be, implemented in the near future. It is written by renowned specialists on mediation in Europe and provides an exhaustive account for both scholars and practitioners in Europe and beyond the continent. Every chapter on national law analyzes: both out-of-court and court-annexed mediation in the existing legal framework * the areas of law covered by mediation * the value and formal requirements of the agreement to submit any dispute to mediation * personal features and requirements for mediators * procedural requirements in the mediation procedure * the relationship between the mediator and public authorities * the outcome of the mediation procedure * in the scenario in which a mediation settlement is reached, its requirements and effects. *** About Volume II on Cross-Border Mediation: Mediation plays a leading role within the movement of Alternative Dispute Resolution after centuries in which for several reasons the State and State courts were regarded as the only available instrument to ensure access to justice to citizens. In the European Union the institution of mediation has received much support in the form of Directive 2008/52/EC which sets forth a minimum common legal framework for mediation in the Member States. The 2008 Directive has finally been implemented in the Member States and this book provides the much needed in-depth analysis of the status of the mediation regimes in the European Union. The analysis covers the legal regimes of the Member States set up for cross-border and national mediation. This volume includes national reports on cross-border mediation including in-depth information on all the relevant aspects of cross-border mediation: the notion of cross-border mediation, the law applicable to the mediation clause, the mediation proceedings and the content of the settlement reached by the parties. Special attention is of course given to the recognition and enforcement in the European Union of settlements reached in other Member States and outside Europe. In addition the role of mediators and requirements to become a mediator are examined. This book provides a unique picture of the legal situation in the European Union for cross-border mediation. It is an invaluable instrument for those who want to know more about this complex topic or want to become a mediator in Europe themselves.

Intellectual Property and New Technologies

Author : David Anthony Wishart
Publisher :
ISBN 13 : 9781862879423
Total Pages : 132 pages
Book Rating : 4.8/5 (794 download)

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Book Synopsis Intellectual Property and New Technologies by : David Anthony Wishart

Download or read book Intellectual Property and New Technologies written by David Anthony Wishart and published by . This book was released on 2013 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of Law in Context focuses on the legal issues raised by the digital revolution. It presents new perspectives on familiar questions about the effectiveness of intellectual property in promoting innovation and protecting privacy. The articles address such issues as:heritage and cultural property protection in an age of instant reproduction and voracious knowledge exploitation;the difficulties faced by developing nations and by China in dealing with intellectual property;cyberspace and the implications for privacy law;improving the patent system to promote innovation; andcopyright and digitisation processes in New Zealand museums.This volume goes beyond conventional wisdom and disciplinary orthodoxy to re-evaluate innovation, communication and law in an era of rapid technological change.Intellectual Property and New Technologies is a special issue (Volume 29 No 1) of the journal Law in Context. You can purchase a single copy of this issue through this page, or subscribe to the journal from the journal page.

The Madrid System for the International Registration of Marks

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 9280526413
Total Pages : 14 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis The Madrid System for the International Registration of Marks by : World Intellectual Property Organization

Download or read book The Madrid System for the International Registration of Marks written by World Intellectual Property Organization and published by WIPO. This book was released on 2015-12-01 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Madrid System for the International Registration of Marks is governed by two treaties: the Madrid Agreement Concerning the International Registration of Marks, which dates from 1891, and the Protocol Relating to the Madrid Agreement, which was adopted in 1989, entered into force on December 1, 1995, and came into operation on April 1, 1996. Common Regulations under the Agreement and Protocol also came into force on that date. The Madrid System is administered by the International Bureau of the World Intellectual Property Organization (WIPO), which maintains the International Register and publishes the WIPO Gazette of International Marks.

Civil Litigation in a Globalising World

Author : X.E. Kramer
Publisher : Springer Science & Business Media
ISBN 13 : 906704816X
Total Pages : 381 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Civil Litigation in a Globalising World by : X.E. Kramer

Download or read book Civil Litigation in a Globalising World written by X.E. Kramer and published by Springer Science & Business Media. This book was released on 2012-02-02 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.

Rise Trading State

Author : Richard Rosecrance
Publisher : Basic Books
ISBN 13 : 9780465070367
Total Pages : 292 pages
Book Rating : 4.0/5 (73 download)

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Book Synopsis Rise Trading State by : Richard Rosecrance

Download or read book Rise Trading State written by Richard Rosecrance and published by Basic Books. This book was released on 1987-05-31 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: What will power look like in the century to come? Imperial Great Britain may have been the model for the nineteenth century, Richard Rosecrance writes, but Hong Kong will be the model for the twenty-first. We are entering the Age of the Virtual State -- when land and its products are no longer the primary source of power, when managing flows is more important than maintaining stockpiles, when service industries are the greatest source of wealth and expertise and creativity are the greatest natural resources.Rosecrance's brilliant new book combines international relations theory with economics and the business model of the virtual corporation to describe how virtual states arise and operate, and how traditional powers will relate to them. In specific detail, he shows why Japan's kereitsu system, which brought it industrial dominance, is doomed; why Hong Kong and Taiwan will influence China more than vice-versa; and why the European Union will command the most international prestige even though the U.S. may produce more wealth.

Global Perspectives on ADR

Author : Carlos Esplugues Mota
Publisher :
ISBN 13 : 9781780681399
Total Pages : 0 pages
Book Rating : 4.6/5 (813 download)

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Book Synopsis Global Perspectives on ADR by : Carlos Esplugues Mota

Download or read book Global Perspectives on ADR written by Carlos Esplugues Mota and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The promotion of Alternative Dispute Resolution (ADR) mechanisms is strongly linked to the idea of justice in the 21st century. National and international legislators increasingly offer new responses in this area, with the aim of providing citizens with the opportunity to resolve their disputes outside State courts. Indeed, the global notion of ADR includes a multiplicity of institutions which have in common the purpose of facilitating the settlement of disputes outside courts. However, such generic references to ADR mechanisms, as well as the perceived centrality of the European approach, obscure important differences in the use, regulation, and underlying philosophy of ADR in many countries of the world. This book focuses on a set of countries which accounts for more than half of international world trade. It examines the various ADR devices present in relevant countries, including the US, Australia, China, England, Hong Kong, India, Indonesia, Ireland, Japan, the Philippines, Singapore, South Korea, and Thailand. The book provides an in-depth analysis of the regulation of ADR in all these countries. Every chapter on national law analyzes subjects covered by ADR devices, the existing legal regime, and its solutions and problems. Written by leading practitioners and scholars, the book provides a clear image of the existing framework from a legal, theoretical, and practical standpoint. It will be essential for all those wanting to understand the reality of ADR in some of the most economically important countries of the world. [Subject: Alternative Dispute Resolution, International Law, Comparative Law, Commercial Law]

State and Revolution in Cuba

Author : Robert W. Whitney
Publisher : UNC Press Books
ISBN 13 : 9780807849255
Total Pages : 276 pages
Book Rating : 4.8/5 (492 download)

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Book Synopsis State and Revolution in Cuba by : Robert W. Whitney

Download or read book State and Revolution in Cuba written by Robert W. Whitney and published by UNC Press Books. This book was released on 2001 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between 1920 and 1940, Cuba underwent a remarkable transition, moving from oligarchic rule to a nominal constitutional democracy. The events of this period are crucial to a full understanding of the nation's political evolution, yet they are often glossed

Rising Powers, Shrinking Planet

Author : Michael T. Klare
Publisher : Macmillan
ISBN 13 : 9780805089219
Total Pages : 356 pages
Book Rating : 4.0/5 (892 download)

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Book Synopsis Rising Powers, Shrinking Planet by : Michael T. Klare

Download or read book Rising Powers, Shrinking Planet written by Michael T. Klare and published by Macmillan. This book was released on 2009-03-31 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Now in paperback, Rising Powers, Shrinking Planet surveys the energy driven dynamic that is reconfiguring the international landscape: Russia, the battered Cold War loser, is now the arrogant broker of Eurasian energy, and the United States, once the world's superpower, must now compete with the emerging "chindia" juggernaut for finite resources. Forecasting a future of surprising new alliances and explosive danger, Klare, the preeminent expert on resource geopolitics, argues that the only route to surival in our radically altered world lies through international cooperation"--Book cover

Net Neutrality

Author : Christopher T. Marsden
Publisher : A&C Black
ISBN 13 : 1849660069
Total Pages : 320 pages
Book Rating : 4.8/5 (496 download)

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Book Synopsis Net Neutrality by : Christopher T. Marsden

Download or read book Net Neutrality written by Christopher T. Marsden and published by A&C Black. This book was released on 2010-01-18 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In considering market developments and policy responses to some of the most heated net-neutrality debates in Europe and the United States, Net Neutrality is the first, fully comprehensive overview of the subject. This book is also unique in providing readers with a supplementary outline of recommended policy prescriptives.

Research Handbook on the Brussels Ibis Regulation

Author : Peter Mankowski
Publisher : Edward Elgar Publishing
ISBN 13 : 178811079X
Total Pages : 391 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Research Handbook on the Brussels Ibis Regulation by : Peter Mankowski

Download or read book Research Handbook on the Brussels Ibis Regulation written by Peter Mankowski and published by Edward Elgar Publishing. This book was released on 2020-03-28 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely Research Handbook addresses the cutting edges of the Brussels Ibis Regulation, in particular its place within the overall system of EU law and its adaptations in response to lawsuits or the needs of particular industries. Featuring original research by leading academics from across Europe, chapters take a systematic approach to examining a broad variety of topics in relation to this, analysing the most recent developments in legislation and practice and providing an outlook on the future of this field of EU law.

Brussels I Regulation

Author : Ulrich Magnus
Publisher : Walter de Gruyter
ISBN 13 : 3866538898
Total Pages : 1001 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Brussels I Regulation by : Ulrich Magnus

Download or read book Brussels I Regulation written by Ulrich Magnus and published by Walter de Gruyter. This book was released on 2011-12-27 with total page 1001 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Brussels I Regulation is by far the most prominent cornerstone of the European law of international civil procedure. Every practitioner in the international field has to work with it - and its importance is still growing. The first edition of this full scale article-by-article commentary found a very warm reception. This new edition brings the book up to date, incorporating a host of developments in the four years since ist first appearance, combines in-depth analysis with a genuine and truly European perspective, authored by top experts from all over Europe, covers the jurisprudence of the ECJ and of the Member States, and integrates thorough discussion of the pending proposal for a Brussels Ibis Regulation. This truly European commentary offers invaluable guidance for lawyers, judges and academics throughout Europe.