International Intellectual Property Arbitration

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International Intellectual Property Arbitration

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Author : Trevor Cook
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01

International Intellectual Property Arbitration written by Trevor Cook 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 2010-01-01 with Law categories.

More and more, intellectual property disputes tend to be multijurisdictional in nature, and parties everywhere are turning to international arbitration as the most promising means of resolution. Although these two legal specialisms ' intellectual

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.

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.

Arbitrability

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Author : Loukas A. Mistelis
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01

Arbitrability written by Loukas A. Mistelis 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 2009-01-01 with Law categories.

It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice. Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards. The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added. The subject of the book and– arbitrability and– is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today.

The Policy Space In International Intellectual Property Law

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Author : Emmanuel Kolawole Oke
language : en
Publisher: Nijhoff International Trade La
Release Date : 2022

The Policy Space In International Intellectual Property Law written by Emmanuel Kolawole Oke and has been published by Nijhoff International Trade La this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Law categories.

Introduction -- Framing the boundaries of the glocal space in the international intellectual property system -- The glocal space in International Copyright Law -- The glocal space In International Patent Law -- The glocal space in International Trademark Law -- The glocal space in International Geographical Indications Law -- The glocal space in the Enforcement of Intellectual Property Right -- Conclusion.

Research Handbook On Intellectual Property And Investment Law

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Author : Christophe Geiger
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-06-26

Research Handbook On Intellectual Property And Investment Law written by Christophe Geiger 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 2020-06-26 with Law categories.

This innovative Research Handbook explores the complex and controversial interactions between intellectual property (IP) and investment law. In light of recent developments at national, European and international levels, the chapters critically examine the legitimacy of current practices with regard to the social function of IP rights and the regulatory autonomy of States to undertake measures in the public interest.

International Arbitration Law And Practice In Switzerland

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Author : Gabrielle Kaufmann-Kohler
language : en
Publisher: Oxford University Press
Release Date : 2015

International Arbitration Law And Practice In Switzerland written by Gabrielle Kaufmann-Kohler 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 2015 with Law categories.

This third edition, and the first in English, of the globally-cited Arbitrage International-Droit et Pratique à la Lumière de la LDIP, provides complete guidance on arbitration law and practice relating to Switzerland from two of the leading authorities on Swiss practice.

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.

A Short Course In International Intellectual Property Rights Electronic Resource

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Author : Karla C. Shippey
language : en
Publisher: World Trade Press
Release Date : 2009

A Short Course In International Intellectual Property Rights Electronic Resource written by Karla C. Shippey and has been published by World Trade Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Intellectual property (International law) categories.

Do you or your company possess copyrights, brands, patents, trademarks, designs, or other related rights? If so, you have great opportunities in the new global marketplace, but you are also at great risk. A Short Course in International Intellectual Prope.

International Financial Disputes

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Author : Jeffrey Golden
language : en
Publisher: Oxford University Press, USA
Release Date : 2015

International Financial Disputes written by Jeffrey Golden 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 2015 with Law categories.

The first book to focus on the arbitration of international financial disputes, this work provides an invaluable reference work on issues that are particularly relevant to claims involving financial products.