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Author : Antony Shaw
Publisher :
ISBN 13 :
Total Pages : 278 pages
Book Rating : 4.:/5 (49 download)
Download or read book The concept of Ordre public written by Antony Shaw and published by . This book was released on 1996 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Daniel J.Gervais
Publisher : Edward Elgar Publishing
ISBN 13 : 1839104376
Total Pages : 384 pages
Book Rating : 4.8/5 (391 download)
Download or read book Fairness, Morality and Ordre Public in Intellectual Property written by Daniel J.Gervais and published by Edward Elgar Publishing. This book was released on 2020-04-24 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive book explores the ways in which the major notions of fairness, morality and ordre public can be used both to justify and to limit intellectual property rights. Written by an international team of experts in the field, it provides varied and sometimes divergent perspectives on how these notions are applied to different rights and in different contexts.
Author : Sigrid Sterckx
Publisher : Cambridge University Press
ISBN 13 : 1107006945
Total Pages : 375 pages
Book Rating : 4.1/5 (7 download)
Download or read book Exclusions from Patentability written by Sigrid Sterckx and published by Cambridge University Press. This book was released on 2012-09-13 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive study of what cannot be patented and what should not be patentable in Europe.
Author : Zena Prodromou
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403520019
Total Pages : 313 pages
Book Rating : 4.4/5 (35 download)
Download or read book The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes written by Zena Prodromou and published by Kluwer Law International B.V.. This book was released on 2020-08-12 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
Author : Tim Corthaut
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142185
Total Pages : 544 pages
Book Rating : 4.0/5 (411 download)
Download or read book EU Ordre Public written by Tim Corthaut and published by Kluwer Law International B.V.. This book was released on 2012-10-26 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a cogent, detailed analysis, the author ‘reconstructs’ the legal order of the European Union in a way that best gives meaning to the Treaties, the case law of the Court of Justice, and the various underlying principles of integration that have emerged over the decades. He focuses on instances, or touchstones, in relation to which EU law seems to be building and integrating an ordre public. Among these are the following: international trade law and arbitration; public international law; the ECHR and EctHR; public policy exceptions to the four freedoms; European citizenship; competition law; national and EU procedural law; and protection of social and labour standards. In-depth inquiry into questions which seem subject to very specific limitations – such as when national or EU courts are under an obligation to raise issues of EU law of their own motion, or norms from which private parties may not deviate – captures the breadth of the EU ordre public, greatly clarifying the concept and the variety of ways it operates. Seeking to reconcile numerous strands and processes of EU law in a principled manner, the book reveals a significant potential for a deeper constitutional framework defining the EU ordre public and putting it into operation as a tool to help ensure unity in diversity. It will be welcomed and read closely by jurists, policymakers, and interested academics in Europe and wherever the matter of European integration is studied.
Author : Alexander J. Bělohlávek
Publisher : Juris Publishing, Inc.
ISBN 13 : 1578233569
Total Pages : 344 pages
Book Rating : 4.5/5 (782 download)
Download or read book Czech Yearbook of International Law - Public Policy and Ordre Public - 2012 written by Alexander J. Bělohlávek and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are proud to present to our readers Czech Yearbook of International Law 2012, Volume 3. The overarching topic of this volume, Public Policy and Ordre Public turns its focus to the doctrine which is inherently connected with private international law, which is true only at first glance. The problem of Public Policy and Ordre Public is intertwined more deeply in the national legal orders than virtually any legal branch. However, the platform of private international law through which these doctrines emerge and find its strongest application is in the cross-border traffic of the court and extra-court decisions. In these relationships, the most important differences in understanding the extent and nature of these terms take shape. The third volume of the Czech Yearbook of International Law focuses on the uncovering of national differences and the comparison of such doctrines in a global perspective. CYIL 2012 takes into account the completely different connotations given to both doctrines in the United States and the Common Law countries in continental Europe. Institutions participating in the CYIL Project: Academic institutions within Czech Republic: - Masaryk University (Brno), Faculty of Law, Department of International and European Law. - University of West Bohemia in Pilsen, Faculty of Law, Department of Constitutional Law & Department of International Law. - VŠB-TU Ostrava, Faculty of Economics, Department of Law. - Department of European Law, Department of Commercial Law & Centre for Comparative Law of the Faculty of Law, Charles University. - University College of International and Public Relations Prague. - Institute of State and Law of the Academy of Sciences of the Czech Republic, v.v.i. Non-academic institutions in the Czech Republic - Office of the Government of the Czech Republic, Department of Legislation, Prague. - Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic, Prague. - ICC National Committee Czech Republic, Commission on Arbitration, Prague. Institutions outside Czech Republic participating in the CYIL Project: Austria University of Vienna, Department of European, International and Comparative Law, Section for International Law and International Relations. Poland Jagiellonian University in Krakow, Faculty of Law and Administration, Department of Private International Law. Slovak Republic Slovak Academy of Sciences, Institute of State and Law, Bratislava. University of Matej Bel in Banská Bystrica, Faculty of Political Sciences and International Relations, Department of International Affairs and Diplomacy. Trnava University in Trnava, Faculty of Law, Department of Labour Law and Social Security Law.
Author : Kathleen Liddell
Publisher :
ISBN 13 :
Total Pages : 27 pages
Book Rating : 4.:/5 (13 download)
Download or read book Immorality and Patents written by Kathleen Liddell and published by . This book was released on 2016 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Peter Drahos
Publisher : Cambridge University Press
ISBN 13 : 1139486012
Total Pages : pages
Book Rating : 4.1/5 (394 download)
Download or read book The Global Governance of Knowledge written by Peter Drahos and published by Cambridge University Press. This book was released on 2010-01-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent offices around the world have granted millions of patents to multinational companies. Patent offices are rarely studied and yet they are crucial agents in the global knowledge economy. Based on a study of forty-five rich and poor countries that takes in the world's largest and smallest offices, Peter Drahos argues that patent offices have become part of a globally integrated private governance network, which serves the interests of multinational companies, and that the Trilateral Offices of Europe, the USA and Japan make developing country patent offices part of the network through the strategic fostering of technocratic trust. By analysing the obligations of patent offices under the patent social contract and drawing on a theory of nodal governance, the author proposes innovative approaches to patent office administration that would allow developed and developing countries to recapture the public spirit of the patent social contract.
Author : Samuli Hurri
Publisher : Routledge
ISBN 13 : 1317938399
Total Pages : 302 pages
Book Rating : 4.3/5 (179 download)
Download or read book Birth of the European Individual written by Samuli Hurri and published by Routledge. This book was released on 2014-06-05 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the birth of the European individual as a juridical problem, focusing on legal case dossiers from the European Court of Justice as an electrifying laboratory for the study of law and society. Foucault’s story of the modern subject constitutes the book’s main theoretical inspiration, as it considers the encounter between legal and other practices within a more general field of juridical power: a network of active relations, between different social spheres. Through the analysis of delinquent individuals – each expelled from one of the Member States – the raw material for constructing the idea of the European individual is uncovered. The European individual, it is argued, emerged out of the intersection of regimes of law, security and economy, and its practices of knowledge-power. Birth of the European Individual: Law, Security, Economy will be of interest to those studying the individual in law, as well as anyone considering the relationships between power and the individual.
Author : Dorkina Myrick
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book The Impact of Ordre Public and Morality on the Regulation of Gene Editing Patents in the United States and the European Union written by Dorkina Myrick and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines the impact of ordre public and morality on government regulation of gene editing patents in the United States and the European Union. A discussion of ordre public and morality requires an understanding first of the separate meanings of ordre public and morality, then how and why ordre public and morality are often used in conjunction when referencing laws that pertain to ordre public and morality. The answers are not always clear, as domestic customs, codes of conduct, and laws vary internationally and among states and territories. Intellectual property laws refer to ordre public and morality in the Paris Agreement, TRIPS agreement, European Patent Convention, and Patent Cooperation treaty for the determination of invention patentability. Typically, countries which are adherents and signatories to these agreements have enacted laws which state that violations of ordre public and morality warrant the exclusion of inventions for patent eligibility. Although the United States is an example of a nation which does not require compliance with ordre public and morality provisions for patent awards, overwhelmingly, countries which are adherents and signatories to these international and regional agreements strive to uphold their ordre public and morality provisions when considering domestic inventions for patents. Governments should work to ensure that all members of society have equal access to developments in medical technology - including genetic technology (gene editing and genetic engineering). According to Article 1 of the Universal Declaration on the Human Genome and Human Rights (UDHGHR), DNA constitutes a type of institutional memory of the biology of humankind. By tampering with the human genome, this historical memory can become compromised. This is another reason why some form of societal regulation of genetic engineering and CRISPR gene editing on a collective level is critical. Neither governments nor private entities should have the right to exclusively own, profit from, or exploit genetic information in its natural state. This includes monopolization of ownership of the information through patenting. Scholars and experts postulate, however, that genetic material should be freely accessible.As inventors increase their pursuit of gene editing patents, the likelihood of monopoly behavior may increase. Thus, market and economic forces that favor patent holders cannot predominate the need for accessibility to CRISPR-Cas9 gene editing technology. It is for this reason that prioritization and balancing of research, clinical, ethical, and societal goals is important to maintain a healthy marketplace for innovation in gene editing patents. Moreover, a balance must be achieved between championing ordre public and morality and promoting innovation of gene editing technology. On the other hand, excessive regulation of gene editing technology can be detrimental to innovation.
Author : E. Lauterpacht
Publisher : Cambridge University Press
ISBN 13 : 9780521463706
Total Pages : 610 pages
Book Rating : 4.4/5 (637 download)
Download or read book International Law Reports written by E. Lauterpacht and published by Cambridge University Press. This book was released on 1963 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of courts and arbitrators, as well as judgements of national courts.
Author : Ludwig von Bar
Publisher :
ISBN 13 :
Total Pages : 1222 pages
Book Rating : 4.3/5 (511 download)
Download or read book The Theory and Practice of Private International Law written by Ludwig von Bar and published by . This book was released on 1892 with total page 1222 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : DJ Gervais
Publisher :
ISBN 13 : 9781800880146
Total Pages : pages
Book Rating : 4.8/5 (81 download)
Download or read book Fairness, Morality and Ordre Public in Intellectual Property written by DJ Gervais and published by . This book was released on 2020-09-04 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Derk Visser
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403519223
Total Pages : 1357 pages
Book Rating : 4.4/5 (35 download)
Download or read book Visser's Annotated European Patent Convention 2019 Edition written by Derk Visser and published by Kluwer Law International B.V.. This book was released on 2019-12-17 with total page 1357 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book Visser’s Annotated European Patent Convention is a commentary on the European Patent Convention and a bestseller in European patent law. Each year a new, updated edition of the book is published and available in paperback form. The 2019 edition of this preeminent work – the only regularly updated authoritative article-by-article commentary in English on the European Patent Convention (EPC), its implementing regulations, and associated case law – provides the complete text of the 2000 Convention annotated with commentary and expert guidance on the interpretation of each paragraph. Since its first edition in 1994 it has provided the European patent community with the necessary insights to practice successfully before the European Patent Office. The EPO recommends the Visser’s Annotated European Patent Convention as the first book in its list of non-EPO/WIPO literature to be used for the preparation of the European qualifying examination. In addition to a thorough updating of developments, new material in this edition includes the following: New Rules of Procedure of the Boards of Appeal; New EPO Guidelines that enter into force on 01.11.2019; The references to Guidelines 2018 are kept for the eqe 2020 candidates.
Author : Giuditta Cordero-Moss
Publisher : Cambridge University Press
ISBN 13 : 1009085190
Total Pages : 527 pages
Book Rating : 4.0/5 (9 download)
Download or read book International Commercial Contracts written by Giuditta Cordero-Moss and published by Cambridge University Press. This book was released on 2024-01-31 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this book analyses international contract practice and its interaction with various applicable sources. It considers vital questions concerning the role played by contractual regulation, by national law and by transnational sources. What is the interaction among these factors, and how does this all apply to contracts that refer disputes to international arbitration? This revised second edition has been fully updated to reflect developments in the field and includes useful tools like tables of cases and sources, and a list of electronic resources and databases.
Author : Hossein Fazilatfar
Publisher : Edward Elgar Publishing
ISBN 13 : 1788973852
Total Pages : 224 pages
Book Rating : 4.7/5 (889 download)
Download or read book Overriding Mandatory Rules in International Commercial Arbitration written by Hossein Fazilatfar and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the enforcement of the award.
Author : Maurizio Canavari
Publisher : Springer Science & Business Media
ISBN 13 : 9780306472428
Total Pages : 400 pages
Book Rating : 4.4/5 (724 download)
Download or read book Economic Studies on Food, Agriculture, and the Environment written by Maurizio Canavari and published by Springer Science & Business Media. This book was released on 2002-08-31 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text contains a selection of the papers presented at the Joint Conference on Food, Agriculture, and the Environment, organized by the University of Minnesota and several universities in Italy, and held in Bologna, Italy, on June 12-14, 2001. The papers are grouped into four sections: food, nutrition, and quality; land and resource assessment; agriculture and rural development; and environment and markets. Readers should gain insights concerning alternative approaches to dealing with important policy issues.
