Cross-border Enforcement of Patent Rights

Cross-border Enforcement of Patent Rights PDF

Author: Marta Pertegás Sender

Publisher: Oxford University Press, USA

Published: 2002

Total Pages: 362

ISBN-13: 9780199249695

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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

Research Handbook on Cross-border Enforcement of Intellectual Property PDF

Author: Paul Torremans

Publisher: Edward Elgar Publishing

Published: 2014-12-31

Total Pages: 901

ISBN-13: 1781955808

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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

Border Enforcement of Intellectual Property PDF

Author: Timothy P. Trainer

Publisher:

Published: 2000

Total Pages: 368

ISBN-13:

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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 Litigation in Intellectual Property and Information Technology

International Litigation in Intellectual Property and Information Technology PDF

Author: Arnaud Nuyts

Publisher: Kluwer Law International B.V.

Published: 2008-02-20

Total Pages: 336

ISBN-13: 9041130640

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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?

International Protection of Patents

International Protection of Patents PDF

Author: Thomas Schmidt

Publisher: GRIN Verlag

Published: 2003-04-23

Total Pages: 74

ISBN-13: 363818661X

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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.), 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.

When Private International Law Meets Intellectual Property Law

When Private International Law Meets Intellectual Property Law PDF

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2019-10-15

Total Pages: 92

ISBN-13: 9280529137

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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.

Enforcement of Intellectual Property Rights in the EU Member States

Enforcement of Intellectual Property Rights in the EU Member States PDF

Author: Flip Petillion

Publisher:

Published: 2019

Total Pages: 0

ISBN-13: 9781780686813

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Enforcement of Intellectual Property Rights in the EU Member States provides a timely overview and thorough analysis of intellectual property rights enforcement in the EU Member States. Taking legal action in one or several countries in the EU to enforce intellectual property rights is quite a challenge. The adoption of European Directive 2004/48/EC on the Enforcement of Intellectual Property Rights was meant to put a halt to considerable discrepancies in national legislations which caused uncertainty and a difference in enforcement between the EU Member States. The Enforcement Directive aimed to create a level playing field and to ensure a high, equivalent and homogeneous level of intellectual property protection across the EU.Over the past decade, the Enforcement Directive has been transposed into all EU Member States, in national legislation and through its application in national and EU case law. Both are essential to understand the Enforcement Directive's actual scope of application. In order to prepare and undertake an action in different countries potentially simultaneously knowledge of national legislation, local custom and practice, as well as procedural law, national and EU case law is essential.This book is a collaborative effort of lawyers from top tier firms from all 28 EU Member States. It is a valuable resource for both practitioners who are active cross-border and internationally and general counsel who seek an in-depth analysis of the legal landscape across the EU.