Intellectual Property in the Conflict of Laws
Title | Intellectual Property in the Conflict of Laws PDF eBook |
Author | Schaafsma, Sierd J. |
Publisher | Edward Elgar Publishing |
Total Pages | 608 |
Release | 2022-01-14 |
Genre | Law |
ISBN | 1839108509 |
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.
Conflict of Laws in Intellectual Property
Title | Conflict of Laws in Intellectual Property PDF eBook |
Author | , European Max Planck Group on Conflict of Laws in Intellectual Property |
Publisher | OUP Oxford |
Total Pages | 560 |
Release | 2013-02-14 |
Genre | Law |
ISBN | 9780199665082 |
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.
Choice of Law in Copyright and Related Rights
Title | Choice of Law in Copyright and Related Rights PDF eBook |
Author | Mireille M. M. van Eechoud |
Publisher | Kluwer Law International B.V. |
Total Pages | 306 |
Release | 2003-01-01 |
Genre | Law |
ISBN | 9041120718 |
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
Title | Intellectual Property Rights and the Conflict of Laws PDF eBook |
Author | Eugen Ulmer |
Publisher | Springer |
Total Pages | 134 |
Release | 1978 |
Genre | Law |
ISBN |
Intellectual Property in the Conflict of Laws
Title | Intellectual Property in the Conflict of Laws PDF eBook |
Author | Jürgen Basedow |
Publisher | Paul Mohr Verlag |
Total Pages | 269 |
Release | 2005 |
Genre | Law |
ISBN | 9783161485138 |
Papers originally presented at a meeting held on Mar. 2-3, 2004 in Hamburg, Germany, and organized by the Max Planck Institute for Foreign Private and Private International Law, Hamburg, and the Max Planck Instittute for Intellectual Property, Competition and Tax Law, Munich.
Rethinking Intellectual Property
Title | Rethinking Intellectual Property PDF eBook |
Author | Gustavo Ghidini |
Publisher | Edward Elgar Publishing |
Total Pages | 432 |
Release | 2018-01-26 |
Genre | Law |
ISBN | 1783478012 |
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.
When Private International Law Meets Intellectual Property Law
Title | When Private International Law Meets Intellectual Property Law PDF eBook |
Author | World Intellectual Property Organization |
Publisher | WIPO |
Total Pages | 92 |
Release | 2019-10-15 |
Genre | Law |
ISBN | 9280529137 |
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.