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.
This study analyzes to what extent the European rules on jurisdiction (the Brussels Convention and its successors) and the choice of law rules create an adequate framework for consolidation of cross-border disputes in one single action.
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
Border Enforcement Of Intellectual Property
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Author : Timothy P. Trainer
language : en
Publisher:
Release Date : 2000
Border Enforcement Of Intellectual Property written by Timothy P. Trainer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Customs administration categories.
Describes the legislation relating to customs enforcement of cross-border trade in counterfeit and pirated goods. Focuses on the law concerning trademarks, copyright and patent protection. Includes chapters on provisions available for criminal proceedings, multilateral and regional border measures, enforcement of intellectual property rights under the North American Free Trade Agreement and European Union legislation.
International Protection Of Patents
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Author : Thomas Schmidt
language : en
Publisher: GRIN Verlag
Release Date : 2003-04-22
International Protection Of Patents written by Thomas Schmidt and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-04-22 with Law categories.
Seminar paper from the year 2003 in the subject Law - Miscellaneous, grade: n/v (August 2003), University College Dublin (Faculty of Law), course: International Business Law (LL.M.), 27 entries in the bibliography, language: English, abstract: The modern liberal state hesitates to grant monopolies to its citizens. If such privileges are granted nowadays, there has to be a strong justification for thus breaching the principal of equal treatment. All Intellectual Property rights, whether registered like Industrial Designs, Trade marks or not registered as Copyrights or Companies’ Goodwill (Passing off), create monopolies, since the right holder may prevent others from using his thought, the idea or invention. Since intellectual property is insubstantial and therefore not visible, on the other hand, these rights must be protected by the state in a different way than the rights of property or possession of tangible assets. It is easy and cheap to reproduce intellectual property and – prima faciebeneficial into the bargain. To develop intellectual property by one self is time-consuming and cost-intensive. But people stop doing so immediately if the result of their work is not protected against copying, as there is no incentive to create new intellectual property.
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 : 2008-02-20
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 2008-02-20 with Law categories.
This is the first book to emphasize the role of the judicial cooperation aspect of cross-border intellectual property litigation. Starting from European private law as it is currently evolving, the authors focus intensively on the issues surrounding such central questions as the following: How different should the treatment of IP litigation be from other transnational private activity? How different should the treatment of different IP forms be, at least from a private international law perspective? How do the answers to these questions relate to methodological shifts within the discipline of private international law itself? How should the doctrinal solutions we give integrate “substantive” values such as the EC basic freedoms or new ideas about the meaning of “property” in the context of intellectual works? What should the relationship be between the rules on jurisdiction and the rules on applicable law? How global or how distinct do we want the European legal regime in this area to be? What should be the coordination and/or allocation of competences between the various international institutions and instruments?
Enforcement Of Patents On Geographically Divisible Inventions
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Author : Agnieszka Kupzok
language : en
Publisher:
Release Date : 2015
Enforcement Of Patents On Geographically Divisible Inventions written by Agnieszka Kupzok and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Patent infringement categories.
Patent Enforcement Worldwide
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Author : Christopher Heath
language : en
Publisher: Bloomsbury Publishing
Release Date : 2005-02-25
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 2005-02-25 with Law categories.
Patent infringement procedures are an instrument whereby the patentee defends his protected invention against unlawful use by a third party (the alleged infringer). The difficulty is that the patent is no solid object whose damage can be easily detected; it belongs to that group of rights whose infringement is not easy to determine. The patent is a right described by words, and those words, written into a claim, are so complicated that laymen and lawyers alike fail to understand them. This is the special feature which distinguishes the patent right. This book consists of a series of country reports in which expert patent attorneys describe the patent infringement procedures in their jurisdiction. Since the first edition of this book was published in 2000, developments in the field of patent enforcement have been significant and required a major rewriting of all the seven original contributions (the UK, Germany, France, the Netherlands, Italy, Japan and the US): more than 100 decisions have been added. For the second edition, another eight countries have been included: three from Eastern Europe (Poland, the Czech Republic and Hungary), two from Asia (China and Korea), two from Latin America (Argentina and Brazil), and one from Europe (Switzerland) and there is a new chapter by Dieter Stauder on European issues of patent enforcement: cross-border litigation, cross-border assistance in obtaining evidence, and the new European Enforcement Directive.
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 And Private International Law
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Author : Toshiyuki Kono
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-06-29
Intellectual Property And Private International Law written by Toshiyuki Kono and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-29 with Law categories.
'Intellectual property and private international law' was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington (July 2010). This volume contains the General Report and 20 National Reports covering Canada, US, Japan, Korea, India and a number of European countries (Austria, France, Germany, UK, Spain etc). The General Report was prepared on the basis of National Reports. The national reporters not only describe the existing legal framework, but also provide answers for up to 12 hypothetical cases concerning international jurisdiction, choice-of-law and recognition and enforcement of foreign judgments in multi-state IP disputes. Based on their answers the main differences between legal systems as well as the shortcomings of the cross-border enforcement of IP rights are outlined in the General Report. The Reports in this volume analyse relevant court decisions as well as recent legislative proposals (such as the ALI, CLIP, Transparency, Waseda and Korean Principles). This book is therefore a significant contribution to the existing debate in the field and will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context.
When Private International Law Meets Intellectual Property Law
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2019-10-15
When Private International Law Meets Intellectual Property Law written by World Intellectual Property Organization and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-15 with Law categories.
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.