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International Laws On Security Interests In Intellectual Property


International Laws On Security Interests In Intellectual Property
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Security Interests In Intellectual Property


Security Interests In Intellectual Property
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Author : Toshiyuki Kono
language : en
Publisher: Springer
Release Date : 2017-08-14

Security Interests In Intellectual Property written by Toshiyuki Kono and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-14 with Law categories.


Economic development increasingly depends to a large extent on innovation. Innovation is generally covered by intellectual property (IP) rights and usually requires extensive funding. This book focuses on IP and debt financing as a tool to meet this demand. This book clarifies the situation of the use of IP as collateral in practice through a survey conducted in Japan on IP and debt financing. Various obstacles in the proper use IP and debt financing are identified, and some projects to facilitate its use are illustrated. IP and debt on a global scale, either by attracting foreign lenders or by collateralizing foreign IP rights, needs appropriate private international laws. This book analyzes such regulations in which the United Nations Commission on International Trade Law (UNCITRAL) has worked, paying due attention to the law of finance and insolvency law, as well as IP laws. However, further analysis is needed to identify under what conditions such solutions would show optimal effects. This book offers comprehensive analysis from an economic point of view.



Comparative Law Of Security Interests And Title Finance


Comparative Law Of Security Interests And Title Finance
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Author : Philip R. Wood
language : en
Publisher: Sweet & Maxwell
Release Date : 2007

Comparative Law Of Security Interests And Title Finance written by Philip R. Wood and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.


W Green has brought together leading figures from both academia and domestic and international practice to write this book, which features a comprehensive commentary on the Arbitration (Scotland) Act 2010



Security Interests In Intellectual Property


Security Interests In Intellectual Property
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Author : Law Commission of Canada
language : en
Publisher: Thomson Carswell
Release Date : 2002

Security Interests In Intellectual Property written by Law Commission of Canada and has been published by Thomson Carswell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.


This text thoroughly examines both the practical and theoretical issues involved in using intellectual property for collateral for corporate financing. With contributions from 18 leading intellectual property experts, it provides theoretical and policy analysis for Canada (including a definitive analysis of Quebec Civil Code theory and practice), the U.K. and the EU, the U.S.A. and Australia.



The International Law Of Property


The International Law Of Property
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Author : John G. Sprankling
language : en
Publisher: OUP Oxford
Release Date : 2014-05-01

The International Law Of Property written by John G. Sprankling and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-01 with Law categories.


Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.



The Protection Of Intellectual Property Rights Under International Investment Law


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.



Security Rights In Intellectual Property


Security Rights In Intellectual Property
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Author : Eva-Maria Kieninger
language : en
Publisher: Springer Nature
Release Date : 2020-06-11

Security Rights In Intellectual Property written by Eva-Maria Kieninger and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-11 with Law categories.


This book discusses the main legal and economic challenges to the creation and enforcement of security rights in intellectual property and explores possible avenues of reform, such as more specific rules for security in IP rights and better coordination between intellectual property law and secured transactions law. In the context of business financing, intellectual property rights are still only reluctantly used as collateral, and on a small scale. If they are used at all, it is mostly done in the form of a floating charge or some other “all-asset” security right. The only sector in which security rights in intellectual property play a major role, at least in some jurisdictions, is the financing of movies. On the other hand, it is virtually undisputed that security rights in intellectual property could be economically valuable, or even crucial, for small and medium-sized enterprises – especially for start-ups, which are often very innovative and creative, but have limited access to corporate financing and must rely on capital markets (securitization, capital market). Therefore, they need to secure bank loans, yet lack their own traditional collateral, such as land.



International And Comparative Secured Transactions Law


International And Comparative Secured Transactions Law
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Author : Spyridon V Bazinas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-10-19

International And Comparative Secured Transactions Law written by Spyridon V Bazinas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-19 with Business & Economics categories.


The law of secured transactions has seen dramatic changes in the last decade. International organisations, particularly the United Nations Commission on International Trade Law (UNCITRAL), have been working towards the creation of international legal standards aimed at the modernisation and harmonisation of secured financing laws (eg, the United Nations Convention on the Assignment of Receivables in International Trade, the UNCITRAL Legislative Guide on Secured Transactions and its Intellectual Property Supplement, the UNCITRAL Guide on the Implementation of a Security Rights Registry and the UNCITRAL Model Law on Secured Transactions). The overall theme of this book is international (or cross-border) secured transactions law. It assembles contributions from some of the most authoritative academic voices on secured financing law. This publication will be of interest to those involved in secured transactions around the world, including policy-makers, practitioners, judges, arbitrators and academics.



Intellectual Property And Private International Law


Intellectual Property And Private International Law
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Author : James J. Fawcett
language : en
Publisher: Oxford University Press
Release Date : 2011-02-17

Intellectual Property And Private International Law written by James 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 2011-02-17 with Law categories.


This volume examines the protection and exploitation of intellectual property rights, along with international problems relating to which court has jurisdiction and which is the relevant law in foreign cases and judgments.



The Routledge Handbook Of European Security Law And Policy


The Routledge Handbook Of European Security Law And Policy
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Author : E. Conde
language : en
Publisher: Routledge
Release Date : 2019-10-11

The Routledge Handbook Of European Security Law And Policy written by E. Conde and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-11 with Law categories.


The Handbook of European Security Law and Policy offers a holistic discussion of the contemporary challenges to the security of the European Union and emphasizes the complexity of dealing with these through legislation and policy. Considering security from a human perspective, the book opens with a general introduction to the key issues in European Security Law and Policy before delving into three main areas. Institutions, policies and mechanisms used by Security, Defence Policy and Internal Affairs form the conceptual framework of the book; at the same time, an extensive analysis of the risks and challenges facing the EU, including threats to human rights and sustainability, as well as the European Union’s legal and political response to these challenges, is provided. This Handbook is essential reading for scholars and students of European law, security law, EU law and interdisciplinary legal and political studies.



Intellectual Property In Global Governance


Intellectual Property In Global Governance
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Author : Chidi Oguamanam
language : en
Publisher: Routledge
Release Date : 2013-03

Intellectual Property In Global Governance written by Chidi Oguamanam and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03 with Business & Economics categories.


This book explores the intellectual property dynamics in the "Global Knowledge Economy" focusing on digitization and information revolution phenomenon and the concept of a post-industrial society in order to articulate an agenda for global governance of intellectual property law in the twenty-first century.