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Private International Law Issues In Online Intellectual Property Infringement Disputes With Cross Border Elements
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Book Synopsis Private International Law Issues in Online Intellectual Property Infringement Disputes with Cross-Border Elements by : World Intellectual Property Organization
Download or read book Private International Law Issues in Online Intellectual Property Infringement Disputes with Cross-Border Elements written by World Intellectual Property Organization and published by WIPO. This book was released on 2015-09-15 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this report is to contribute to the understanding of the issues at the interface between private international law and intellectual property through an empirical study, and to identify possible future activities in this area.
Book Synopsis Private International Law Issues in Online Intellectual Property Infringement Disputes with Cross-Border Elements by :
Download or read book Private International Law Issues in Online Intellectual Property Infringement Disputes with Cross-Border Elements written by and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this report is to contribute to the understanding of the issues at the interface between private international law and intellectual property through an empirical study, and to identify possible future activities in this area.
Book Synopsis Undetected Conflict-of-Laws Problems in Cross-Border Online Copyright Infringement Cases by : Marketa Trimble
Download or read book Undetected Conflict-of-Laws Problems in Cross-Border Online Copyright Infringement Cases written by Marketa Trimble and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article provides and analyzes data on copyright infringement cases filed in U.S. federal district courts in 2013; it focuses on infringement cases involving activity on the internet and discusses actual and potential conflict-of-laws issues that the cases raised or could have raised. The article complements the report entitled "Private International Law Issues in Online Intellectual Property Infringement Disputes with Cross-Border Elements: An Analysis of National Approaches" (the "Report"), which was published by the World Intellectual Property Organization in September 2015. In the Report its author, Professor Andrew F. Christie, discusses his empirical findings about the intersection of intellectual property ("IP") law and conflict of laws and concludes that training activities, further research, and development of soft law would be the optimal means to address conflict-of-laws issues associated with cross-border IP infringements. This article arrives at a different conclusion: while training activities, further research, and the development of soft law may raise awareness of the issues, they will not solve the core problems that IP rights holders face when they strive to protect their rights against infringements on the internet. Development and coordination of conflict-of-laws rules, improvements in judicial cooperation, and streamlining of judicial proceedings in cross-border cases will be indispensable for addressing the issues effectively.
Book Synopsis Private International Law and the Internet by : Dan Jerker B. Svantesson
Download or read book Private International Law and the Internet written by Dan Jerker B. Svantesson and published by Kluwer Law International B.V.. This book was released on 2021-08-05 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this, the fourth edition of Private International Law and the Internet, Professor Dan Svantesson provides a detailed and insightful account of what has emerged as the most crucial current issue in private international law; that is, how the Internet affects and is affected by the five fundamental questions: When should a lawsuit be entertained by the courts? Which state’s law should be applied? When should a court that can entertain a lawsuit decline to do so? How wide ‘scope of jurisdiction’ should be afforded to a court with jurisdiction over a dispute? And will a judgment rendered in one country be recognized and enforced in another? Professor Svantesson identifies and investigates twelve characteristics of Internet communication that are relevant to these questions and then proceeds with a detailed discussion of what is required of modern private international law rules. Focus is placed on several issues that have far-reaching practical consequences in the Internet context, including the following: cross-border defamation; cross-border business contracts; cross-border consumer contracts; and cross-border intellectual property issues. A wide survey of private international law solutions encompasses insightful and timely analyses of relevant laws adopted in a variety of jurisdictions, including Australia, England, Hong Kong SAR, the United States, Germany, Sweden, and China, as well as in a range of international instruments. There is also a chapter on advances in geo-identification technologies and their special value for legal practice. The book concludes with two model international conventions, one on cross-border defamation and one on cross-border contracts, as well as a set of practical checklists to guide legal practitioners faced with cross-border matters within the discussed fields. Professor Svantesson’s book brings together a wealth of research findings in the overlapping disciplines of law and technology that will be of particular utility to practitioners and academics working in this complex and rapidly changing field. His thoughtful analysis of the interplay of the developing Internet and private international law will also be of great value, as will the tools he offers with which to anticipate the future. Private International Law and the Internet provides a remarkable stimulus to continue working towards globally acceptable private international law rules for communication via the Internet.
Book Synopsis Conflict of Laws and the Internet by : Pedro de Miguel Asensio
Download or read book Conflict of Laws and the Internet written by Pedro de Miguel Asensio and published by Edward Elgar Publishing. This book was released on 2020-04-24 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ubiquity of the Internet contrasts with the territorial nature of national legal orders. This book offers a comprehensive analysis of jurisdiction, choice of law and enforcement of judgments issues concerning online activities in the areas in which private legal relationships are most affected by the Internet. It provides an in-depth study of EU Law in this particularly dynamic field, with references to major developments in other jurisdictions. Topics comprise information society services, data protection, defamation, copyright, trademarks, unfair competition and contracts, including consumer protection and alternative dispute resolution.
Book Synopsis Cross-Border Infringement of Personality Rights via the Internet by : Symeon C. Symeonides
Download or read book Cross-Border Infringement of Personality Rights via the Internet written by Symeon C. Symeonides and published by BRILL. This book was released on 2021-01-11 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflicts of laws arising from injuries to rights of personality—such as defamation or invasion of privacy—have always been difficult, if only because they implicate conflicting societal values about the rights of freedom of speech and access to information, on the one hand, and protection of reputation and privacy, on the other hand. The ubiquity of the internet has dramatically increased the frequency and intensity of these conflicts. This book explores the ways in which various Western countries have addressed these conflicts, but also advances new, practical ideas about how these conflicts should be resolved. These ideas are part of an international model law unanimously adopted by a Resolution of the Institut de droit international, which addresses jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book provides extensive article-by-article commentary, which explains the philosophy and intended operation of the Resolution.
Book Synopsis When Private International Law Meets Intellectual Property Law by : World Intellectual Property Organization
Download or read book When Private International Law Meets Intellectual Property Law written by World Intellectual Property Organization and published by WIPO. This book was released on 2019-10-15 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Conflict of Laws and the Internet by : Pedro De Miguel Asensio
Download or read book Conflict of Laws and the Internet written by Pedro De Miguel Asensio and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Private International Law and the Internet by : Dan Jerker B. Svantesson
Download or read book Private International Law and the Internet written by Dan Jerker B. Svantesson and published by Kluwer Law International B.V.. This book was released on 2016-03-22 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this, the third edition of Private International Law and the Internet, Professor Dan Svantesson provides a detailed and insightful account of what is emerging as the most crucial current issue in private international law; that is, how the Internet affects and is affected by the four fundamental questions: When should a lawsuit be entertained by the courts? Which state's law should be applied? When should a court that can entertain a lawsuit decline to do so? And will a judgment rendered in one country be recognized and enforced in another? He identifies and investigates twelve characteristics of Internet communication that are relevant to these questions, and then proceeds with a detailed discussion of what is required of modern private international law rules. Professor Svantesson's approach focuses on several issues that have far-reaching practical consequences in the Internet context, including the following: • cross-border defamation; • cross-border business contracts; • cross-border consumer contracts; and • cross-border intellectual property issues. A wide survey of private international law solutions encompasses insightful and timely analyses of relevant laws adopted in a variety of countries including Australia, England, Hong Kong, the United States, Germany, Sweden, and China as well as in a range of international instruments. There is also a chapter on advances in geo-identification technology and its special value for legal practice. The book concludes with two model international conventions, one on cross-border defamation and one on cross-border contracts; as well as a set of practical check-lists to guide legal practitioners faced with cross-border matters within the discussed fields. Professor Svantesson's book brings together a wealth of research findings in the overlapping disciplines of law and technology that will be of particular utility to practitioners and academics working in this new and rapidly changing field. His thoughtful analysis of the interplay of the developing Internet and private international law will also be of great value, as will the tools he offers with which to anticipate the future. Private International Law and the Internet provides a remarkable stimulus to continue working towards globally acceptable rules on jurisdiction, applicable law, and recognition and enforcement of judgments for communication via the Internet.
Book Synopsis Research Handbook on Cross-border Enforcement of Intellectual Property by : Paul Torremans
Download or read book Research Handbook on Cross-border Enforcement of Intellectual Property written by Paul Torremans and published by Edward Elgar Publishing. This book was released on 2014-12-31 with total page 901 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Cross-border Enforcement of Intellectual Property systematically analyses the unique difficulties posed by cross-border intellectual property disputes in the modern world. The contributions to this book focus on the enf
Author :Mireille M. M. van Eechoud Publisher :Kluwer Law International B.V. ISBN 13 :9041120718 Total Pages :306 pages Book Rating :4.0/5 (411 download)
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.
Book Synopsis Digital Peripheries by : Petr Szczepanik
Download or read book Digital Peripheries written by Petr Szczepanik and published by Springer Nature. This book was released on 2020-05-15 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access book. Media industry research and EU policymaking are predominantly tailored to large (and, in the latter case, Western) European markets. This open access book addresses the specific qualities of smaller media markets, highlighting their vulnerability to global digital competition and outlining survival strategies for them. New online distribution models and new trends in the consumption of audiovisual content are limited by, and pose new challenges for, existing audiovisual business models and their legal framework in the EU. The European Commission’s Digital Single Market (DSM) strategy, which was intended e.g. to remove obstacles to the cross-border distribution of audiovisual content, has triggered a heated debate on the transformation of the existing ecosystem for European screen industries. While most current discussions focus on the United States, Western Europe, and the multinational giants, this book approaches these industry trends and policy questions from the perspective of relatively small and peripheral (in terms of their population, language, cross-border cultural flows, and financial and/or symbolic capital) media markets.
Book Synopsis Cross-border Infringement of Personality Rights Via the Internet by : Symeon Symeonides
Download or read book Cross-border Infringement of Personality Rights Via the Internet written by Symeon Symeonides and published by Brill Nijhoff. This book was released on 2021 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction : conflicts on steroids -- The internet -- The scope of this book -- Substantive law differences -- Jurisdictional differences in general -- Jurisdictional differences in cases involving injuries to rights of personality -- Differences and similarities in choice of law -- Recognition and enforcement of foreign judgments : The Hague Convention of 2019 -- The resolution (with comments) -- The resolution (without comments) -- Résolution (traduction) -- Travaux preparatoires : excerpts from correspondence between reporters and members of the eighth commission -- Excerpts from the minutes of The Hague Session of the Institute of International Law, The Hague, August 25-31, 2019.
Book Synopsis Intellectual Property and Private International Law by : James J. Fawcett
Download or read book Intellectual Property and Private International Law written by James J. Fawcett and published by Oxford University Press. This book was released on 2011-02-17 with total page 1056 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Cross-border Business Transactions by :
Download or read book Cross-border Business Transactions written by and published by . This book was released on 2007 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Jurisdiction Over Ubiquitous Copyright Infringements by : Toshiyuki Kono
Download or read book Jurisdiction Over Ubiquitous Copyright Infringements written by Toshiyuki Kono and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of the Internet, and more recently cloud computing, has tremendous technological, economic, social as well as cultural effects. Such technological development certainly affects legal framework and calls for careful assessment whether, and, if so how, the existing legal principles and doctrines should be adjusted. Despite the fact that cloud-based technologies have swiftly coated almost every aspect of communication, the discussion regarding its legal implications has been very fragmentary. This paper focuses on a rather specific aspect concerning the intersection of private international law and intellectual property rights in the cloud environment. Although the Internet is one of the most economically rewarding markets for the exploitation of the intellectual property, the ubiquity of the world wide web is also associated with a number of risks. One of the risks which should be considered by right holders and intermediaries operating in the digital environment concerns potential litigation over the exploitation of intellectual property rights before a court of a foreign state. In private international law terms, this risk is known as international jurisdiction: in disputes between the parties from different states or disputes involving foreign subject matter, which court should adjudicate the case? Under what conditions should a national court of one state exercise its jurisdiction and decide a multi-state dispute? National laws usually contain certain rules or principles which guide the courts in deciding whether the jurisdiction should be asserted or not (e.g., defendant's residence or commitment tortious acts in the forum state). The exercise of jurisdiction in multi-state intellectual property disputes has been subject to great controversies. Even the most distinguished courts in various countries stumbled when dealing with intricate quandaries involving cross-border exploitation of intellectual property rights. The exercise of jurisdiction over multi-state disputes involving territorially limited intellectual property rights has become even more complex with the advancement of digital communication technologies. Some of the underlying difficulties are discussed in this chapter which starts with a short illustration how cloud computing affects the exploitation of intellectual property assets. This discussion is followed by a closer analysis of the main principles which are employed by the courts across the Atlantic in deciding when to assert jurisdiction over multi-state intellectual property disputes. The fourth section poses a more general question of whether the existing legal framework is apt for the disputes involving cloud-related controversies. Finally, the activities which have been conducted by a special Committee under the auspices of the International Law Association are discussed.
Book Synopsis The Oxford Handbook of Intellectual Property Law by : Rochelle Cooper Dreyfuss
Download or read book The Oxford Handbook of Intellectual Property Law written by Rochelle Cooper Dreyfuss and published by Oxford University Press. This book was released on 2018 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.
