Patent Enforcement Worldwide

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782259759
Total Pages : 709 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Patent Enforcement Worldwide by : Christopher Heath

Download or read book Patent Enforcement Worldwide written by Christopher Heath and published by Bloomsbury Publishing. This book was released on 2015-11-19 with total page 709 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book features 15 country reports on the patent enforcement practice of the world's most litigated countries in Europe, Asia and the Americas. Litigation strategies for both right owners and alleged infringers are explained against the background of case law on: types of action, standing to sue, jurisdiction, obtaining evidence, provisional and final measures, trial practice, types of infringement, remedies and counterclaims, costs and issues of retrial, threats and wrongful enforcement. Special chapters cover the Trade-Related Aspects of Intellectual Property Agreement provisions on enforcement, enforcement issues in the European Community, international cross-border litigation and border measures. The reports are written by patent practitioners or academic experts in the field, and the homogenous structure of the country reports allows for an easy identification of best practices and strategic considerations on the choice of jurisdiction.

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Author :
Publisher : Editions Bréal
ISBN 13 : 2749523109
Total Pages : 227 pages
Book Rating : 4.7/5 (495 download)

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Book Synopsis by :

Download or read book written by and published by Editions Bréal. This book was released on with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt:

WIPO Collection of Leading Judgments on Intellectual Property Rights: Members of the African Intellectual Property Organization (1997-2018) / Collection OMPI des jugements les plus déterminants en matière de propriété intellectuelle Membres de l’Organisation africaine de la propriété intellectuelle (1997-2018)

Download WIPO Collection of Leading Judgments on Intellectual Property Rights: Members of the African Intellectual Property Organization (1997-2018) / Collection OMPI des jugements les plus déterminants en matière de propriété intellectuelle Membres de l’Organisation africaine de la propriété intellectuelle (1997-2018) PDF Online Free

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Publisher : WIPO
ISBN 13 : 9280534912
Total Pages : 332 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis WIPO Collection of Leading Judgments on Intellectual Property Rights: Members of the African Intellectual Property Organization (1997-2018) / Collection OMPI des jugements les plus déterminants en matière de propriété intellectuelle Membres de l’Organisation africaine de la propriété intellectuelle (1997-2018) by : World Intellectual Property Organization

Download or read book WIPO Collection of Leading Judgments on Intellectual Property Rights: Members of the African Intellectual Property Organization (1997-2018) / Collection OMPI des jugements les plus déterminants en matière de propriété intellectuelle Membres de l’Organisation africaine de la propriété intellectuelle (1997-2018) written by World Intellectual Property Organization and published by WIPO. This book was released on 2023-03-08 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook of selected judgments from the member states of the African Intellectual Property Organization (OAPI) is the second volume in the WIPO Collection of Leading Judgments on Intellectual Property Rights. This collection gives the global intellectual property (IP) community access to landmark judgments from jurisdictions that are among the most dynamic litigation venues or whose jurisprudence is not readily available to an international audience, through a succession of volumes that illustrate IP adjudication approaches and trends by jurisdiction or by theme. / Ce recueil de décisions retenues par les États membres de l’Organisation africaine de la propriété intellectuelle (OAPI) est le second volume de la Collection OMPI des jugements les plus déterminants en matière de propriété intellectuelle. La collection de l’OMPI, qui consiste en une série visant à illustrer dans chaque volume les approches et les tendances concernant la détermination des droits de propriété intellectuelle, par système juridique ou par thème, permet à la communauté mondiale de la propriété intellectuelle d’avoir accès aux jugements les plus déterminants rendus dans certains des systèmes juridiques les plus dynamiques au monde ou dont la jurisprudence n’est pas facilement accessible au public à l’échelon international.

Civil Procedure in France

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Publisher : Springer
ISBN 13 : 9401762759
Total Pages : 746 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Civil Procedure in France by : Peter E. Herzog

Download or read book Civil Procedure in France written by Peter E. Herzog and published by Springer. This book was released on 2014-11-14 with total page 746 pages. Available in PDF, EPUB and Kindle. Book excerpt:

European Patent Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 0857933213
Total Pages : 361 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis European Patent Law by : Stefan Luginbuehl

Download or read book European Patent Law written by Stefan Luginbuehl and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is explaining in detail the current discussion regarding the unification of European patent law. It explains the current national legal practices in Europe, describing the legal and factual issues and the different approaches to achieve unification. The book manages to show the complex situation and the different opinions from the beginning of the discussion in a clear and comprehensive manner without requiring previous knowledge of the reader and is therefore to be recommended for everyone interested. Jochen Pagenberg, LL.M. Harvard, President EPLAW, Germany and Thomas Schachl, LL.M., Attorney-at-law, Germany In his detailed study, Stefan Luginbuehl critically examines the latest efforts to establish a common European and EU patent litigation system and suggests possible alternatives to such a system. Due to the lack of a European patent court, both the EPO and national judges interpret European patents and European patent law. This results in diverging interpretation across Europe and costly litigation for patent holders. Stefan Luginbuehl s proposals to promote the goal of a uniform interpretation of patent law and ease the difficulties are timely and highly insightful. Dealing with important legal and political issues related to European patent litigation and the establishment of a common patent litigation system, this book will appeal to practitioners, patent litigators, patent attorneys and judges specialised in patent litigation. Academics teaching and learning IP (patent law), private international law, or international civil procedure, will find this study interesting as the book deals with important aspects of national and international patent litigation, as well as procedural and structural questions related to the establishment of a patent court for Europe.

Special Protection of Trade Marks with a Reputation under European Union Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403519916
Total Pages : 469 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Special Protection of Trade Marks with a Reputation under European Union Law by : Michal Bohaczewski

Download or read book Special Protection of Trade Marks with a Reputation under European Union Law written by Michal Bohaczewski and published by Kluwer Law International B.V.. This book was released on 2020-04-09 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: When a mark acquires a reputation, it becomes a means of attracting consumers by communicating to them various messages going beyond the indication of commercial origin of goods or services. Thus, trade marks familiar to the general public enjoy a special legal protection regime above and beyond that afforded trade marks in general, allowing them to benefit from enhanced protection against reproduction or imitation detrimental to, or taking unfair advantage of, the distinctive character of the mark or its repute. This richly researched book, the first comprehensive guide to current European Union (EU) law and practice concerned with reputed trade marks, conducts an in-depth analysis of this extended protection provided by Regulation 2017/1001 on EU trade marks and Directive 2015/2436 under which it is mandatory across all Member States. Using a practical approach, focused on identifying and analysing the criteria for infringement of trade marks with a reputation in proceedings before civil courts and in administrative proceedings before the European Union Intellectual Property Office (EUIPO) or national trade mark offices, the author addresses such elements of the special protection regime as the following: prerequisites for infringement of the right to a reputed mark common to all recognised forms of infringement; how to demonstrate each type of infringement of the right to the trade mark with a reputation (blurring, tarnishment and unfair advantage); proof of reputation; distinguishing the concept of well-known trade mark; legitimate versus questionable justifications of the ‘due cause’ exception within the meaning of EU law provisions; use of a disputed sign falling under freedom of expression; identifying the role of likelihood of confusion under the special regime; and how to prove the existence of a link between the signs in dispute. The author pays detailed attention to the case law of the Court of Justice and General Court of the EU, as well as cases before the EUIPO and national courts. He takes into account research from a number of Member States (plus Switzerland), thus widening prior work in the field from its predominant English-language context. With this book practitioners will confidently approach cases before courts, the EUIPO and national EU trade mark offices involving enhanced protection of trade marks with a reputation. In addition, the book will help judges and trade mark offices examiners to interpret the EU provisions and assess claims regarding such reinforced protection. For scholars and students of intellectual property law, this book will prove a cornerstone volume in the field.

Unified Patent Protection in Europe

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Publisher : Oxford University Press
ISBN 13 : 0191071927
Total Pages : 3041 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Unified Patent Protection in Europe by : Winfried Tilmann

Download or read book Unified Patent Protection in Europe written by Winfried Tilmann and published by Oxford University Press. This book was released on 2018-07-04 with total page 3041 pages. Available in PDF, EPUB and Kindle. Book excerpt: The creation of the Unified Patent Court (UPC) is the most prominent change in the European legal landscape for the last four decades. This book explains how the new system works in practice and how to make the best use of its provisions. It offers readers an in-depth and comprehensive commentary on the legal mechanisms of the upcoming ratified European Patent Law, and advice on potential problems that users of the forthcoming regulations may face. The book first describes the creation of the Unified European Patent Law and how its four new legislative texts interact. The new legislative texts are then explained and commented on in detail, rule by rule, with diverse approaches and perspectives from a practitioner team comprising patent litigators, European patent attorneys, law professors and patent judges. The Commentary takes into account the practical needs of users of the new system on both the prosecution and enforcement sides, addressing substantive and procedural problems. This book is the most authoritative text on the Unitary Patent and Unified Patents Court, and an invaluable tool for practitioners in this rapidly developing area of law.

European Intellectual Property Law

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Publisher : Oxford University Press
ISBN 13 : 019872991X
Total Pages : 743 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis European Intellectual Property Law by : Justine Pila

Download or read book European Intellectual Property Law written by Justine Pila and published by Oxford University Press. This book was released on 2016 with total page 743 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Intellectual Property Law offers a full account of the main areas of substantive European IP law and a discussion of their wider context and effect. The amount and reach of European law, and decision-making in the field of intellectual property has grown exponentially since the 1960's, making it increasingly difficult to treat European law as an adjunct to domestic intellectual property regimes. European Intellectual Property Law responds to this reality by presenting a clear and detailed account of each of the main areas of substantive EU intellectual property law, situated in the context of both the EU legal system and international IP law, including EU constitutional law, the law of the European Patent Convention 1973/2000, and private international law. It draws selectively on examples from domestic IP regimes to illustrate substantive differences between those regimes and to demonstrate the impact of European law, and decision-making on EU Member States. This unique, thoroughly modern approach goes beyond a discussion of the provisions of European legal instruments to consider their wider context and effect. European Intellectual Property Law is the ideal guide for any student wishing to gain a full and critical understanding of the substantive European law of intellectual property.

Landmark Intellectual Property Cases and Their Legacy

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041133437
Total Pages : 274 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Landmark Intellectual Property Cases and Their Legacy by : Christopher Heath

Download or read book Landmark Intellectual Property Cases and Their Legacy written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book dedicated to the significance and legacy of landmark cases in the field of intellectual property. Eleven well-known scholars offer in-depth commentary and analysis of cases that have made an impact on legal theory or critical thinking about the scope and purpose of the protection of intellectual and industrial creativity. All the cases covered have proven useful in developing doctrine, even though subsequent developments have made some appear and‘misleadingand’ rather than and‘leadingand’, and for some recent cases it is too early to say whether their approach will become mainstream. Among the fundamental questions and– all profoundly interesting, and to which no definite answers have yet been found and– arising in the course of the analysis are the following: and• Who should be master over the reputation, esteem and legacy of authors and their works and– authors and their heirs, or subsequent copyright owners? and• What, if any, protection should be granted to achievements in the absence of confusion? and• Should prevention of unfair competition allow one to and‘reap what one has not sownand’? and• Should we protect commercial investment beyond the scope of defined intellectual property rights? and• Should it be considered a tort to use a well-known mark in a way that may dilute its repute and distinctive character? and• What kinds of monopolies should be protected, if any? and• Does the patent system in its current form allow us to question the assumption that technological progress is good per se, and that novel and inventive solutions should thus be protected? and• Should extraneous considerations such as public good and social usefulness be considered at the stages of grant and enforcement of patent rights? and• Should we grant patents over living organisms whose workings and reproduction are a long way from being completely understood? and• Should the rules developed for the enforcement of property rights limit a patenteeand’s remedies to appropriate damages, thereby effectively granting a compulsory licence? The book concludes with an analysis of two case clusters remarkable for the worldwide dimension of the dispute. The authors show how litigation over Lego in about 30 jurisdictions and Budweiser in over 40 jurisdictions has enriched doctrine on such issues as contract, trade marks, trade names, geographical indications, property rights in general, human rights, and various international and bilateral treaties, all as they impinge on the protection of intellectual property rights. For scholars in the field, as well as for lawyers seeking a rich vein of doctrine to buttress a case, this unusual book will be of incomparable value. As a masterful clarification of salient doctrine, it represents a major contribution to the legal theory underpinning intellectual property law.

A Practitioner's Guide to European Patent Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509947663
Total Pages : 659 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis A Practitioner's Guide to European Patent Law by : Paul England

Download or read book A Practitioner's Guide to European Patent Law written by Paul England and published by Bloomsbury Publishing. This book was released on 2022-09-08 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition is a comprehensive and practical guide to European patent law – a 'ius commune'. The book highlights the areas of consistency and difference between the most influential European patent law jurisdictions: the European Patent Office, England and Wales, France, Germany, and the Netherlands. The book also draws insights from further afield, with contributions from other, very active, patent jurisdictions, including Italy, Sweden, Denmark, and Switzerland. Uniquely, the book addresses European patent law by subject matter area, assessing the key national and EPO approaches together rather than nation by nation. Each chapter outlines the common ground between the national approaches and provides a guide for the possible application of European patent law in national courts and the UPC in the future. In addition to featuring content on new countries, the second edition includes new chapters dedicated to the substantive aspects of FRAND, declarations, and evidence. There is also an expanded commentary on construction, including common terms used in patent claims. A must-read for anyone working in the field of European patent law.

Creative Ideas for Intellectual Property

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Publisher : CEDIDAC
ISBN 13 :
Total Pages : 754 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Creative Ideas for Intellectual Property by : François Dessemontet

Download or read book Creative Ideas for Intellectual Property written by François Dessemontet and published by CEDIDAC. This book was released on 2002 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Employees, Trade Secrets and Restrictive Covenants

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041183809
Total Pages : 539 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Employees, Trade Secrets and Restrictive Covenants by : Christopher Heath

Download or read book Employees, Trade Secrets and Restrictive Covenants written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2016-11-24 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade secrets and post-contractual non-compete clauses (restrictive covenants) are intrinsically linked issues when analysed in the context of past and present employment. While trade secrets have been the object of legislation in a number of major jurisdictions during the last couple of years, post-employment restrictive covenants have been left out of such legislative activity. Still, they have come under increasing scrutiny of economists and may well come into legislative focus in the near future. As the chapters of this book highlight in detail, the approach to the protection of trade secrets, the conditions under which an employer can protect trade secrets and other business interests by way of a restrictive covenant, and the scope within which former employees by using the skills and knowledge can compete with a former employer, hugely differ from jurisdiction to jurisdiction. This is not only so for the effective scope, but also for the underlying doctrinal reasons, making a country-by-country comparison difficult, and a common structure of the chapters a challenge. After all, the topic involves international law (Paris Convention, TRIPS), domestic labour law, domestic sui generis protection, and, most importantly, domestic competition and unfair competition law, a field that up to now has defied all attempts of harmonisation beyond those categories as identified by Friedrich Zoll and implemented as Art. 10bis in the Paris Convention. This book features both comparative and country-specific chapters. The latter cover the major jurisdictions of Europe and Asia, while the former provide a subject-matter analysis by taking into account legislation and case law in a global context.

Japanese Patent Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041194207
Total Pages : 779 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Japanese Patent Law by : Christopher Heath

Download or read book Japanese Patent Law written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2019-06-14 with total page 779 pages. Available in PDF, EPUB and Kindle. Book excerpt: Japanese Patent Law Cases and Comments Edited by Christopher Heath & Atsuhiro Furuta About the Editors: Christopher Heath is a judge at the European Patent Office and former head of the Max Planck Institute’s Asian Department. Atsuhiro Furuta is an administrative judge at the Japanese Patent Office. He graduated with a Master’s in Physics from the University of Tokyo and for two years was a guest researcher at the Max Planck Institute for Patent, Copyright and Competition Law in Munich. About this book: Japanese Patent Law is the first comprehensive work in English on all aspects of Japanese patent law presenting 66 cases with expert explanatory comments from academics, attorneys, judges and Japanese Patent Office officials. While not a common law jurisdiction, Japanese patent law in the past 20 years has been shaped by landmark decisions of the Supreme Court and, since 2005, the IP High Court. Approaching Japanese patent law via landmark decisions is arguably the most comprehensive manner of understanding the subject matter. Many of the cases appear in English for the first time. What’s in this book: Following an informative introduction explaining the economic importance of the patent system for Japan, the cases cover such specific issues as the following: definition of an invention; assessment of prior art, novelty and inventive step; rights of co-inventors; disclaimers, corrections and amendments; scope and limits of patent protection; distinction between repair and reconstruction; doctrine of equivalents; domestic and international jurisdiction in patent matters; interim proceedings and measures; defence of invalidity; damage calculation; patent term extension system; and utility models. Each case commentary follows a uniform structure, including background, summary of the facts, analysis and comparative remarks. The latter allows the reader to put developments in Japan in an international context. How this will help you: With the wealth of knowledge it makes available – leading Japanese patent cases in English translation, comparative case commentaries by leading experts on Japanese patent law, comprehensive analytical coverage of all aspects of Japanese patent law and coverage of related fields such as licensing, antitrust and civil procedure – this easy-to-use book will be warmly welcomed by patent attorneys and other practitioners (including Japanese patent practitioners advising foreign clients), patent academics and patent offices worldwide.

A Dictionary of Intellectual Property Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1849807787
Total Pages : 353 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis A Dictionary of Intellectual Property Law by : Peter Groves

Download or read book A Dictionary of Intellectual Property Law written by Peter Groves and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'An entertaining legal dictionary with a difference.' – BabyBarista website 'Intellectual property has a vast, perplexing and diverse vocabulary, and this enriching Dictionary provides a starting point for understanding new concepts and crafting precise definitions to meet the needs of a particular case. . . well worth a read.' – IPKat 'Dr Groves set himself the monumental task of assembling a work that would be both a dictionary of the most important terms in intellectual property law and a ready resource for IP students and practitioners worldwide. He has succeeded admirably: his book not only covers the field but also glitters with unexpected delights (the entry on "goodwill" is a must-read). This compendium is essential for the desktop (or laptop) of anyone whose work involves intellectual property.' – Robert C. Cumbow, Graham & Dunn PC, US 'Confused between community patent review and community patents? Lost in a thicket of dockets, rocket or otherwise? Let Peter Groves' Dictionary of Intellectual Property Law be your guide. Filling almost 500 often lighthearted, occasionally acerbic, but invariably fact-packed pages, the book takes you from the ActionAid Chip and the Air Pirates case through BIRPI, Cognating, Dockets, Evergreening; Jepson, Pedrick's cat and Simkins; PHOSITA, Trundlehumpers, the verb "to Uncopyright" and X-Patents, all the way to Zwart maken. Essential reading.' – David Musker, Partner, RGC Jenkins & Co. 'Do not be put off by the word "dictionary". This is a fascinating, witty and erudite little volume, packed with interesting and useful information on the whole gamut of intellectual property. It leaves one (this one anyway) hungering for more and wanting to delve more deeply into fields that have nothing to do with earning one's daily bread.' – Tony McStea, Senior Patent Attorney, Global Patents, Givaudan Schweiz AG 'This work is splendid. As an intellectual property litigator I ask, "why did no-one do it before"? Was it for lack of the creative idea, or did no-one have the diligence and erudition of Peter Groves to perfect it? and now that it has been done, we will wonder how we managed without it.' – Jonathan Turner, Barrister Intellectual property has a vast, perplexing and diverse vocabulary, and this enriching Dictionary provides a starting point for understanding new concepts and crafting precise definitions to meet the needs of a particular case. Not only are new words and phrases being coined as technology changes and the law follows, but also the international scope of intellectual property means that IP lawyers will encounter foreign words and phrases. With over 1000 expressions defined clearly and entertainingly, this book should be the first reference point to understanding intellectual property terminology. It will be particularly helpful to practitioners when they encounter expressions they have not seen before which they need to understand the true meaning and definition of. Students finding unfamiliar terminology and concepts will also appreciate the instant explanation available from this essential resource.

Dimensions of Evidence in European Civil Procedure

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041166653
Total Pages : 388 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Dimensions of Evidence in European Civil Procedure by : Vesna Rijavec

Download or read book Dimensions of Evidence in European Civil Procedure written by Vesna Rijavec and published by Kluwer Law International B.V.. This book was released on 2015-12-29 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact-finding. Under European law, however, no clear-cut categorisation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered 'evidence' in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings. Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass such issues and topics as the following. - judicial cooperation in cross-border cases; – general principles in evidence taking (the right to be heard, oral vs. written form, directness of evidence, burden of proof); – judges' case management powers regarding evidence; – means of evidence; – extent of influence of traditional principles and evidentiary rules on electronic evidence; – application of communication technology in cross-border proceedings; – legal costs; – language; – inadmissible evidence; and – instances in which a court can refuse a request for evidence. The authors offer well-grounded recommendations on requested judge's entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more. Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.

Patent Litigation Through the Unified Patent Court and German Courts

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041191305
Total Pages : 640 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Patent Litigation Through the Unified Patent Court and German Courts by : Alexander Harguth

Download or read book Patent Litigation Through the Unified Patent Court and German Courts written by Alexander Harguth and published by Kluwer Law International B.V.. This book was released on 2023-05-23 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe has enacted a new patent system, now offering unitary patents and a Unified Patent Court (UPC) for pan-European enforcement. Country-by-country enforcement is no longer required. Unitary patents add to the strategic options available for innovators to protect their technology, coexisting with the other traditional forms of protection through ordinary European patents, national patents, and utility models. The complex interplay between these enforcement channels creates major strategic challenges for enterprises doing business in Europe. This book is the first to provide an all-embracing view of the new legal situation, thoroughly demonstrating the potential for exploiting unitary patents in tandem with traditional patent rights. It also provides an overall constructive approach to patent procurement and litigation. The authors—prominent patent litigators, two from Germany and one from the United States—present a detailed analysis of these strategic considerations, including: opt-out mechanisms for “ordinary” European patents; patentability standards; inventorship and ownership; claim construction; invalidation proceedings; revocation actions at the UPC; pre-suit considerations; enforcement options and strategies through the UPC and German courts; discovery and evidence taking; and customs actions. Because patent enforcement is a global pursuit and inherently crosses borders, the analysis is presented with an eye toward other European and non-European systems, particularly the common law system of the United States. The goal of this book is to assist patent practitioners worldwide in resolving disputes through a sharpened understanding of options in Europe. Corporate decision-makers and in-house counsel dealing with patents and patent litigation—as well as academics in patent law—will greatly benefit from the authors’ practical guidance in navigating the respective judicial tracks described to promote an optimal strategic approach for the global patent arena.

Abuse of Dominant Position and Globalization & Protection and Disclosure of Trade Secrets and Know-How

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Author :
Publisher : Springer
ISBN 13 : 331946891X
Total Pages : 637 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis Abuse of Dominant Position and Globalization & Protection and Disclosure of Trade Secrets and Know-How by : Pranvera Këllezi

Download or read book Abuse of Dominant Position and Globalization & Protection and Disclosure of Trade Secrets and Know-How written by Pranvera Këllezi and published by Springer. This book was released on 2017-05-05 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition law with regard to a number of key countries. The first part of the book examines the prohibition of abuse of a dominant position and globalization in relation to two broad questions: first, whether there is consistency between the approaches of different jurisdictions to the notion of abuse, and, second, whether there are too many restrictions on legal rights and business opportunities resulting from the prohibition of abuse of dominance. The international report drafted by Professor Pinar Akman reveals that there are as many similarities as differences between the approaches of the twenty-one jurisdictions studied and presented in this book. This is an invitation to read the excellent international report as well as the reports on specific jurisdictions in order to grasp the variety of arguments and approaches of this antitrust area, which may, on the surface, appear alike. The second part gathers contributions on the question of protection and disclosure of trade secrets and know-how from various jurisdictions. The need for adequate protection of trade secrets has increased due to digitalization and the ease with which large volumes of misappropriated information can be reproduced. The comprehensive international report, prepared by Henrik Bengtsson, brings together these reflections by comparing various national positions. The book also discusses the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, and includes proposed solutions and recommendations.