Intellectual Property And International Dispute Resolution

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Intellectual Property And International Dispute Resolution

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Author : Christopher Heath
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-08-31

Intellectual Property And International Dispute Resolution written by Christopher Heath 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 2019-08-31 with Law categories.

Christopher Heath is a judge at the Boards of Appeal of the European Patent Office and former researcher of the Max Planck Institute in Munich. Anselm Kamperman Sanders is Professor of Intellectual Property Law and Director of the IPKM Master’s Programme at Maastricht University, the Netherlands. About this book: Intellectual Property and International Dispute Resolution, the first in-depth treatment of the interface between intellectual property rights and international dispute resolution. The book highlights the different mechanisms of international dispute settlement, having particular regard to cases involving intellectual property law. Investor dispute tribunals, as provided for in many bilateral and multilateral trade agreements, are suspected of intransparency, because proceedings are not public, of unequal treatment, because they give foreign investors a right of action where domestic investors would have none, and of undermining democracy, because they allow democratically enacted laws to be challenged with no possibility of appeal. What’s in this book: In this important book, a number of prominent legal scholars and practitioners examine the extent to which challenges against domestic legislation based on an alleged direct or indirect expropriation of intellectual property rights may be justified. The contributions cover such aspects as: history and current practice of international dispute resolution; direct application of international agreements by national courts; comparison of investor dispute settlement tribunals with other fora such as the WTO or domestic courts for determining compliance with international intellectual property standards; what can be considered ‘investment’ and ‘expropriation’ in the field of intellectual property; legislative freedom to operate when limiting intellectual property rights, particularly in the field of health and safety; and how societal interests could influence future legislation in the field of intellectual property law. One major focus of the book are the challenges against tobacco plain packaging legislation before domestic and international courts and tribunals and their outcome. How this book will help you: The book’s detailed analysis of the nature of investor dispute tribunals and how they may conflict with public interests – and its exploration of possible alternatives – is sure to be of great interest to internationally operating companies, policymakers, practitioners and scholars in both international trade law and intellectual property law.

Arbitration Of International Intellectual Property Disputes

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Author : Thomas D. Halket
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2012-05-01

Arbitration Of International Intellectual Property Disputes written by Thomas D. Halket and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-01 with Arbitration and award, International categories.

The Arbitration of International Intellectual Property Disputes, which is designed not only for arbitration counsel and arbitrators but also for in-house counsel and transactional lawyers, provides a thorough guide to the use of arbitration to resolve these disputes. Both practical as well as scholarly, it starts by exploring how and why arbitration can provide the best way to resolve these disputes and how to draft an effective arbitration provision. It then covers the principal unique issues which can arise in the arbitration itself, from choosing the tribunal through confidentiality, discovery, validity determinations, choice of law, provisional and final remedies and enforceability. With the world more and more dependent upon technology of all types, the continued and growing importance of intellectual property cannot be understated. There has been, and will continue to be, an accompanying explosion in the number and complexity of transactions in which intellectual property is a critical, if not the critical, element. Many of these transactions cross national boundaries; as do the disputes which inevitably arise from them. But international intellectual property disputes present complexities not encountered in either intellectual property disputes which are confined to one country or other international commercial disputes. The Arbitration of International Intellectual Property Disputes will serve as a handy reference and guide for navigating through the complex maze of intellectual property and arbitration.

International Arbitration Of Intellectual Property Disputes

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Author : Peter Chrocziel
language : en
Publisher:
Release Date : 2017

International Arbitration Of Intellectual Property Disputes written by Peter Chrocziel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.

The Protection Of Intellectual Property Rights Under International Investment Law

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Author : Simon Klopschinski
language : en
Publisher: Oxford International Arbitrati
Release Date : 2020-07-14

The Protection Of Intellectual Property Rights Under International Investment Law written by Simon Klopschinski and has been published by Oxford International Arbitrati this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-14 with Law categories.

In recent decades, foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. In economic terms, the accumulated stock of FDI and its generation of commercial activity by foreign affiliates have made FDI comparatively more important than international trade in goods and services. While FDI has experienced long-term steady growth until the recent financial crisis, another powerful trend has been transforming an important part of modern economies: these economies are becoming predominantly 'conceptual', reflecting the vital role of ideas in common and highly valued products and services, and shifting the emphasis in asset valuation from physical to intellectual property (IP). As this trend continues, a similar change can be observed in FDI: foreign investments are reflecting an increasing concentration of intellectual capital invested in knowledge goods protected by intellectual property rights. Thus, IP rights have never been more economically and politically important or controversial than they are today. There have long been international treaties that protect IP, but in recent years other international treaties have come into being that protect IP rights along with other property rights. These treaties include various international investment agreements (IIAs), which regard IP rights as a protected investment. This book will analyse the standards of treatment and protection enshrined in IIAs for IP rights, with reference to topics such as the fragmentation of international law; investor-host-state dispute resolution; investors and investments; relative standards of treatment (such as most favoured nation); absolute standards of treatment (such as fair and equitable treatment); and expropriation. Since many questions regarding the relevance of IIA for IP rights have not been decided yet by investment tribunals, this lack of practice will be addressed by the analysis of hypothetical cases based on actual cases decided by other adjudicating bodies in different legal contexts, such the European Court of Human Rights or the European Court of Justice. Pending proceedings such as Philip Morris and Eli Lilly will also be discussed.

Mediation In International Commercial And Investment Disputes

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Author : Catharine Titi
language : en
Publisher:
Release Date : 2019

Mediation In International Commercial And Investment Disputes written by Catharine Titi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.

Until now, the resoluton of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But international mediation and conciliation are now coming to the fore. This book brings together a line-up of highly-qualified experts to address this topical, complex subject from a variety of angles.

The Interplay Between Competition Law And Intellectual Property

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Author : Gabriella Muscolo
language : en
Publisher:
Release Date : 2019

The Interplay Between Competition Law And Intellectual Property written by Gabriella Muscolo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.

The Interplay Between Competition Law and Intellectual Property provides for a comparative perspective - on an international basis - on the approaches of different systems between competition law and Intellectual Property (IP). Although competition law and IP are often interwoven, until this book there has been little guidance on how they work together in practice. As the intersection between the two fields continues to grow worldwide, both in case law and in regulation, the book's market-based approach, focusing on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world's most active jurisdictions, provides a much-needed in-depth understanding of how this interplay reveals itself among the different legal systems. What's in this book: With thirty-two contributions written by a wide range of authors, including European and worldwide experts, judges, regulators, academics, economists and practitioners in the field of IP and competition law, this book provides an international comparative perspective as well as a detailed analysis of specific cases, policies and proposals for change. Among the issues and topics covered are the following: standard essential patents; online platforms and antitrust; legal assessment of excessive prices; automatic injunction in patent cases; IP rights between technological development and consumer protection; geo-blocking; and free movement of goods and the protection of IP rights. Attention is paid throughout to the increasing dialogue between competition authorities around the world, including clashes of jurisprudence in enforcers' decisions. How this will help you: A matchless remedy for the lack of uniformity of approach heretofore, the book's investigation of the nexus between competition law and IP in different sectors and in various countries takes a giant step towards a more-balanced approach and more-levelled regulation and practices. Providing information about recent law and case law dealing with the intersection between IP and Competition in various systems, this book will be warmly appreciated by practitioners, regulators, policymakers and academics in both competition law and IP.

The Cambridge Handbook Of International And Comparative Trademark Law

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Author : Irene Calboli
language : en
Publisher: Cambridge University Press
Release Date : 2023-03-30

The Cambridge Handbook Of International And Comparative Trademark Law written by Irene Calboli and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-30 with Law categories.

Trade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. Trademark law therefore demands that practitioners, policy-makers and academics understand principles of international and comparative law. This handbook assists in that endeavour, with chapters describing and critically analyzing international and regional frameworks, and providing comparative perspectives on the substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Additionally, this handbook covers other jurisdictions, both common law and civil law, on the Asia-Pacific, African, and South American continents. This work should be read by anyone seeking a better understanding of trademark law around the world.

Cultural Property Law And Restitution

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Author : Irini A. Stamatoudi
language : en
Publisher: Edward Elgar Pub
Release Date : 2011

Cultural Property Law And Restitution written by Irini A. Stamatoudi and has been published by Edward Elgar Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.

This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the authorÕs extensive experience of international disputes, it pr

Wipo Alternative Dispute Resolution Options

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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2022-06-30

Wipo Alternative Dispute Resolution Options 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 2022-06-30 with Law categories.

This document provides an overview of alternative dispute resolution (ADR) options for intellectual property (IP) disputes, and highlights WIPO’s growing experience in working with IP offices and courts to develop and enhance their ADR services.