Intellectual Property Rights And The Conflict Of Laws
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Intellectual Property In The Conflict Of Laws
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Author : Schaafsma, Sierd J.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-01-14
Intellectual Property In The Conflict Of Laws written by Schaafsma, Sierd J. 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 2022-01-14 with Law categories.
This comprehensive book provides a ground-breaking new explanation of the principle of national treatment in the Berne Convention and the Paris Convention and new insights into the history of the conflict-of-laws, aliens law and their relationship. Providing a full and detailed analysis of the existence and the interpretation of the conflict-of-law rule in these conventions, this book will be an important resource for legal scholars, specialized practitioners and policy-makers.
Intellectual Property Rights And The Conflict Of Laws
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Author : Eugen Ulmer
language : en
Publisher: Springer
Release Date : 1978
Intellectual Property Rights And The Conflict Of Laws written by Eugen Ulmer and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Law categories.
Intellectual Property Rights
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Author : David Vaver
language : en
Publisher: Taylor & Francis
Release Date : 2006
Intellectual Property Rights written by David Vaver and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Copyright categories.
Choice Of Law In Copyright And Related Rights
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Author : Mireille M. M. van Eechoud
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2003-01-01
Choice Of Law In Copyright And Related Rights written by Mireille M. M. van Eechoud 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 2003-01-01 with Law categories.
Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.
Intellectual Property Rights And The Conflict Of Laws
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Author : Eugen Ulmer
language : en
Publisher:
Release Date : 1978
Intellectual Property Rights And The Conflict Of Laws written by Eugen Ulmer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with categories.
Intellectual Property In Asia
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Author : Paul Goldstein
language : en
Publisher: Springer Science & Business Media
Release Date : 2009-01-07
Intellectual Property In Asia written by Paul Goldstein and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-07 with Law categories.
Introduction Intellectual property rights foster innovation. But if, as it surely does, “intellectual property” means not just intellectual property rules—the law of patents, copyrights, trademarks, designs, trade secrets, and unfair competition—but also intellectual property institutions—the courts, police, regulatory agencies, and collecting soc- ties that administer these rules—what are the respective roles of intellectual property rules and institutions in fostering creativity? And, to what extent do forces outside intellectual property rules and institutions—economics, culture, politics, history—also contribute to innovation? Is it possible that these other factors so overwhelm the impact of intellectual property regimes that it is futile to expect adjustments in intellectual property rules and institutions to alter patterns of inno- tion and, ultimately, economic development? It was to address these questions in the most dynamic region of the world today, Asia, that we invited leading country experts to contribute studies that not only summarize the current condition of intellectual property regimes in countries ranging in economic size from Cambodia to Japan, and in population from Laos to China, but that also describe the historical sources of these laws and institutions; the realities of intellectual property enforcement in the marketplace; and the political, economic, educational, and scientific infrastructures that sustain and direct inve- ment in innovative activity. A.
Intellectual Property And Private International Law
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Author : J. J. Fawcett
language : en
Publisher: Oxford University Press
Release Date : 1998
Intellectual Property And Private International Law written by J. J. Fawcett 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 1998 with Law categories.
The protection and commercial exploitation of intellectual property rights such as patents, trade marks, designs and copyright are seldom confined to one country and the introduction of a foreign element inevitably raises potential problems of private international law, ranging fromestablishing which court has jurisdiction and which is the applicable law to securing the recognition and enforcement of foreign judgments. For example, will a foreign defendant be subject to the jurisdiction of the English courts if he induces his English distributor to infringe a patent inEngland? What law will apply to a trade mark licensing agreement made between a German company and a French company where the parties have not expressly chosen whose law governs their contract? And are an author's rights determined by the same law as that governing the issue of the transferabilityof copyright? Although such issues are becoming increasingly important, a dearth of literature exists on the subject. Fawcett and Torremans remedy that neglect and provide a systematic and comprehensive analysis of the topic that will be welcomed by practitioners and scholars alike. From the authors' preface This book is concerned with the application of the rules of private international law to intellectual property cases. Private international lawyers have largely ignored this topic, and it has been left to intellectual property lawyers to discuss this. This is a pity. It is a topic which raisesunique questions for the private international lawyer which deserve an answer, and at the same time tells us much about the rules of private international law that are being applied. The aim of the book is to fill this gap in the literature. The emphasis in the book is on private international lawrather than on intellectual property law. Nonetheless, it is hoped that intellectual property lawyers will find much to interest them here Most of the book is taken up with a discussion of the relevant rules of private international law and their application in the context of intellectual property law. A major theme of the book is the extent to which there are special rules of private international law for this area and whether thereshould be such rules. Alternative private international law solutions will be considered by looking at the law in other jurisdictions and, where appropriate, proposals will be put forward for a better solution This book is part of the Oxford Monographs in Private International Law series, the aim of which is to publish work of high quality and originality in a number of important areas of private international law. The series is intended for both scholarly and practitioner readers.
Rethinking Intellectual Property
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Author : Gustavo Ghidini
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-01-26
Rethinking Intellectual Property written by Gustavo Ghidini 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 2018-01-26 with Law categories.
Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.
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.
Conflict Of Laws In Intellectual Property
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Author : , European Max Planck Group on Conflict of Laws in Intellectual Property
language : en
Publisher: OUP Oxford
Release Date : 2013-02-14
Conflict Of Laws In Intellectual Property written by , European Max Planck Group on Conflict of Laws in Intellectual Property and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-14 with Law categories.
The Conflict of Laws in Intellectual Property (CLIP) Principles set out rules to resolve international disputes involving intellectual property rights, supplementing international and domestic law, as well as aiding lawyers to interpret the same. This work sets out the Principles alongside article-by-article analysis from authors of the Principles.