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Intellectual Property and Private International Law: Heading for the Future: Studies in Industrial Property and Copyright Law

Editat de Josef Drexl, Annette Kur
en Limba Engleză Paperback – 22 feb 2005
The relationship between intellectual property and private international law is a fascinating and multi-faceted one. Both fields are inherently international, but it is the exponential increase in conflicts involving trans-border elements, in a world characterised by global trade and borderless communication structures, that has, in modern times, drawn the two disciplines close. The essays contained in this book, first presented at a Symposium in Munich, set out possible visions for a future system of international and regional jurisdiction and applicable law that is better adapted to the increasingly supranational character of IP rights. A second feature of the book is its treatment of 'harmonisation' of choice-of-law issues. Framed by these two elements - international jurisdiction on the one hand and perspectives for harmonised choice of law rules in an international context on the other - specific European themes are also addressed; jurisdiction, the establishment of a European judiciary in the patent field, the relationship between regional (European) systems and an international jurisdiction convention, and the recent proposal for a Regulation on applicable law in non-contractual relationships (Rome II).
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Specificații

ISBN-13: 9781841135397
ISBN-10: 1841135399
Pagini: 384
Ilustrații: black & white illustrations
Dimensiuni: 140 x 224 x 19 mm
Greutate: 0.49 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Studies in Industrial Property and Copyright Law

Locul publicării:London, United Kingdom

Caracteristici

These essays set out possible visions for a future system of international and regional jurisdiction and applicable law that is better adapted to the increasingly supranational character of IP rights.

Notă biografică

Dr Josef Drexl is a Director of the Max Planck Institute for Intellectual Property and Competition Law in Munich.Professor Kur is section head for Scandinavian countries at the Max Planck Institute for Intellectual Property and Competition Law, Munich.

Cuprins

Part One: JurisdictionI. The Proposed Hague Convention The Hague Conference Project for a Global Convention on Jurisdiction, Recognition and Enforcement in Civil and Commercial Matters: An UpdateAndrea Schulz II. The MPI Proposal Jurisdiction and Enforcement of Foreign Judgments - The General Structure of the MPI Proposal Annette Kur Provisional Measures and Multiple Defendants in the MPI ProposalMarcus Norrgård Contractual Jurisdiction Clauses and Intellectual PropertyAlexander Peukert III. Current Developments in Patent Law The EPLA Project and the Forthcoming Community Patent System - A Model for IP in General?Jan Willems The Relationship Between Regional (Patent) Judiciary Systems in Europe and International Conventions - Smooth Coexistence or Confusion?Stefan Luginbuehl Part Two: Choice of LawI. General PrinciplesChoice of Law and Intellectual PropertyRichard Fentiman II. European IssuesThe Proposed Rome II Regulation: European Choice of Law in the Field of Intellectual PropertyJosef Drexl Comments: The Rome II Regulation Proposal and its Relation to the European Country-of-Origin PrincipleMatthias Leistner Choice-of-Law Rules in the EU - Special Issues with Respect to Community Rights - Infringement of Community Trade Marks and Applicable LawEike Schaper Community Rights & Conflict of Laws: Community Trademark, Community Design, Community Patent - Applicable Law for Claims of DamagesAxel Metzger III. International IssuesRecent Judgments in Japan on Intellectual Property Rights Conflict of Laws and International JurisdictionToshiyuki Kono Choice of Law in the Digital Environment - Problems and Possible SolutionsAnsgar Ohly The Joint Recommendation Concerning Protection of Marks, and Other Industrial Property Rights in Signs, on the InternetJohannes Christian Wichard Who Decides on the Colours of Films on the Internet? Drafting of Choice-of-Law Rules for the Determination of Initial Ownership of Film Works vis-à-vis Global Acts of Exploitation on the InternetDorothee Thum Alternatives to the lex protectionis as the Choice-of-Law Rule for Initial Ownership of CopyrightMireille van Eechoud

Recenzii

The strength of the book is its comprehensive coverage. Both jurisdiction and choice of law are addressed in all their aspects.What is on offer is also a very thorough reflection on the fundamental issues involved and on all potential solutions. Achieving that in a comprehensive manner for the whole field concerned is the real merit of this book and its contributors.
.provides valuable insights and perspectives.The text, in its focus on intellectual property and private international law, is highly relevant and worth acquiring due to the proliferation of transborder disputes.The compendium serves as a valuable resource for continued study..the achievement of this publication is clear, in providing a substative analytical compendium of papers.

Descriere

This book sets out visions for a system of international and regional jurisdiction that is adapted to the supranational character of IP rights.