Cross Border Enforcement Of Patent Rights
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Cross Border Enforcement Of Patent Rights
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Author : Marta Pertegás Sender
language : en
Publisher: Oxford University Press, USA
Release Date : 2002
Cross Border Enforcement Of Patent Rights written by Marta Pertegás Sender and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
The enforcement of patent rights raises complex, and, from a private international law perspective, unique difficulties. Since intellectual property practitioners started to seek the consolidation of cross-border patent disputes, the interplay of private international rules has led to drastic changes in patent litigation across Europe. This book analyses in detail both the European rules on jurisdiction (the Brussels Convention and its successors) and the choice of law rules as they apply to cross-border patent disputes, and will be essential reading for both intellectual property lawyers and international commercial litigation specialists.At the jurisdictional stage, the basic question is whether the current jurisdictional framework provides a basis for the concentration of related litigation. For jurisdictional purposes, patent enforcement is a tort. Accordingly, cross-border patent enforcement attempts may generally be undertaken at the forum of the defendant's domicile, the place of the tort and, as far as provisional measures are concerned, another forum with a sufficient connection to the dispute. On the other hand, the application of the current jurisdictional framework to international patent infringement disputes leads to significant difficulties such as the pre-emptive effect of proceedings pending abroad or the jurisdictional consequences of a patent validity challenge. At the choice of law stage, this book provides a comparative overview of the rather unexplored issues arising in multinational patent enforcement. De lege feranda, it seems that, in view of the territorial nature of patents, a distributive application of the law of the protecting State (lex loci protectionis) appears to be the most consistent choice of law rule.
International Litigation In Intellectual Property And Information Technology
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Author : Arnaud Nuyts
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-01-01
International Litigation In Intellectual Property And Information Technology written by Arnaud Nuyts and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.
At head of title : European Commission Research Project on Judicial Cooperation in Matters of Intellectual Property and Information Technology.
The Oxford Handbook Of Intellectual Property Law
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Author : Rochelle Cooper Dreyfuss
language : en
Publisher: Oxford University Press
Release Date : 2018
The Oxford Handbook Of Intellectual Property Law written by Rochelle Cooper Dreyfuss and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
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.
Cross Border Enforcement Of Patents
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Author : Marketa Trimble Landova
language : en
Publisher:
Release Date : 2010
Cross Border Enforcement Of Patents written by Marketa Trimble Landova and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
The dissertation complements the existing literature at the intersection of intellectual property and private international law by providing new insights into cross-border enforcement of patent rights. It is a case study of one specific type of patent enforcement problems - problems associated with enforcement across national borders - and also a study of the impact that private international law mechanisms may have on substantive law. The dissertation shows that notwithstanding patent law territoriality, even under current substantive and procedural laws, patent cases arise in which cross-border enforcement is necessary. It explains why such cases exist and what kind of cross-border enforcement problems they generate; it also analyzes current proposals aimed at facilitating smoother recognition and enforcement abroad of decisions issued in such cases, and concludes that the proposals can function only if countries agree on deeper harmonization of patent laws. In the short-term, the U.S. may solve the problem by entering into bilateral or limited regional treaties on cross-border enforcement because the problem is, at least for now, geographically confined. In the long-term, countries should complement discussions on the proposals that will facilitate cross-border enforcement with a reopening of negotiations on creating a world patent or a regional patent. The dissertation is based on an empirical study of patent cases filed in the U.S. and Germany; it also draws on an extensive comparative study of the legislative and jurisprudential development of the patent laws of the two countries.
Cross Border Copyright Licensing
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Author : Carlo Scollo Lavizzari
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018
Cross Border Copyright Licensing written by Carlo Scollo Lavizzari and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
Copyright Licensing can no longer be considered purely from the perspective of the licensor’s home territory. This practical and wide-ranging reference work provides comprehensive coverage of the law and practice of cross-border licensing in a number of major territories, including China, the EU, India, Mexico, Russia, Singapore, South Africa, and the USA. The book, written by expert authors with insight from practice and from their home jurisdictions, focuses on both copyright licensing and competition law and, specifically, the inter-relation between these legal fields. The book is uniquely structured to provide both thematic coverage and detailed analysis of each territory’s applicable laws and regulations, highlighting and addressing the legal issues that are most critical in and relevant to licensing practice. Cross-Border Copyright Licensing is an essential starting point for anyone considering or advising on the implementation or enforcement of a copyright licensing program, in either developed and emerging markets.
Cross Border Enforcement Of Patents
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Author : Marketa Trimble
language : en
Publisher:
Release Date : 2010
Cross Border Enforcement Of Patents written by Marketa Trimble and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Intellectual property categories.
The dissertation complements the existing literature at the intersection of intellectual property and private international law by providing new insights into cross-border enforcement of patent rights. It is a case study of one specific type of patent enforcement problems - problems associated with enforcement across national borders - and also a study of the impact that private international law mechanisms may have on substantive law. The dissertation shows that notwithstanding patent law territoriality, even under current substantive and procedural laws, patent cases arise in which cross-border enforcement is necessary. It explains why such cases exist and what kind of cross-border enforcement problems they generate; it also analyzes current proposals aimed at facilitating smoother recognition and enforcement abroad of decisions issued in such cases, and concludes that the proposals can function only if countries agree on deeper harmonization of patent laws. In the short-term, the U.S. may solve the problem by entering into bilateral or limited regional treaties on cross-border enforcement because the problem is, at least for now, geographically confined. In the long-term, countries should complement discussions on the proposals that will facilitate cross-border enforcement with a reopening of negotiations on creating a world patent or a regional patent. The dissertation is based on an empirical study of patent cases filed in the U.S. and Germany; it also draws on an extensive comparative study of the legislative and jurisprudential development of the patent laws of the two countries.
Research Handbook On Cross Border Enforcement Of Intellectual Property
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Author : Paul Torremans
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-12-31
Research Handbook On Cross Border Enforcement Of Intellectual Property written by Paul Torremans and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-31 with Law categories.
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
Cross Border Enforcement Of Patent Rights
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Author : M. Pertegás Sender
language : en
Publisher:
Release Date : 2000
Cross Border Enforcement Of Patent Rights written by M. Pertegás Sender and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with categories.
Patent Enforcement Worldwide
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Author : Christopher Heath
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-11-19
Patent Enforcement Worldwide written by Christopher Heath and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-19 with Law categories.
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.
Intellectual Property Law
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Author : Jon Holyoak
language : en
Publisher: Butterworth-Heinemann
Release Date : 1995
Intellectual Property Law written by Jon Holyoak and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.