intellectual property and private international law comparative perspectives studies in private international law

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Intellectual Property And Private International Law

Author : Toshiyuki Kono
ISBN : 9781847319692
Genre : Law
File Size : 75. 38 MB
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'Intellectual property and private international law' was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington (July 2010). This volume contains the General Report and 20 National Reports covering Canada, US, Japan, Korea, India and a number of European countries (Austria, France, Germany, UK, Spain etc). The General Report was prepared on the basis of National Reports. The national reporters not only describe the existing legal framework, but also provide answers for up to 12 hypothetical cases concerning international jurisdiction, choice-of-law and recognition and enforcement of foreign judgments in multi-state IP disputes. Based on their answers the main differences between legal systems as well as the shortcomings of the cross-border enforcement of IP rights are outlined in the General Report. The Reports in this volume analyse relevant court decisions as well as recent legislative proposals (such as the ALI, CLIP, Transparency, Waseda and Korean Principles). This book is therefore a significant contribution to the existing debate in the field and will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context.

Research Handbook On Eu Private International Law

Author : Peter Stone
ISBN : 9781781954553
Genre : Law
File Size : 24. 82 MB
Format : PDF
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The harmonisation of private international law in Europe has advanced rapidly since the entry into force of the Treaty of Amsterdam. Most aspects of private international law are now governed or at least affected by EU legislation, and there is a subst

Intellectual Property And Private International Law

Author : James J. Fawcett
ISBN : 9780199556588
Genre : Law
File Size : 40. 95 MB
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The new edition of this highly regarded work has been fully updated to encompass major developments in the law. The disciplines of intellectual property and private international law are increasingly obliged to cooperate with the other. This book deals with these matters in a comprehensive way and in doing so it adopts a comparative approach.

Japanese And European Private International Law In Comparative Perspective

Author : Jürgen Basedow
ISBN : 3161495470
Genre : Law
File Size : 33. 85 MB
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The idea of national codification is advancing on a global scale in conflict of laws. A large number of legislative projects dealing with codifying and modernizing private international law, both on the national and the supranational level, have been launched in the past few years. Among such recent initiatives, the advances taken by the European and the Japanese legislators are particularly reflecting these developments. On January 1, 2007, the new Japanese 'Act on General Rules for Application of Laws' entered into force replacing the outdated conflict of laws statute of 1898. This major reform finds its parallels in the current efforts of the European Union to create a modern private international law regime for its member states.This volume presents the first comprehensive analysis of the new Japanese private international law available in any western language and contrasts it with corresponding European developments. Most of the contributors from Japan are scholars who were actively involved in and responsible for preparing the new Act. All of them are renowned experts in the field of private international law. Leading European experts in the conflict of laws supplement the Japanese analyses with comparative contributions reflecting the pertinent discussion of parallel endeavours in the EU. To guarantee better understanding, English translations of both the present and the former Japanese statutes have been added.

Research Handbook On Cross Border Enforcement Of Intellectual Property

Author : Paul Torremans
ISBN : 9781781955802
Genre : Law
File Size : 42. 47 MB
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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

Private International Law

Author : Sai Ramani Garimella
ISBN : 9789811034589
Genre : Law
File Size : 58. 46 MB
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This book shows how, with the increasing interaction between jurisdictions spearheaded by globalization, it is gradually becoming impossible to confine transactions to a single jurisdiction. Presented in the form of a compendium of essays by eminent academics and practitioners in the field, it provides a detailed overview of private, international law practice in South Asian nations, addressing contemporary discourse within this knowledge domain. Conflict of laws/private international law arises from the universal acknowledgment that it is difficult to govern human transactions solely by the local law. The research presented addresses the three major threads of private international law – jurisdiction, choice of law and enforcement – within each of the South Asian countries in the areas of family law and commercial law. The research in family law domain includes traditional areas such as marriage, divorce and maintenance, as well as some of the contemporary concerns in this region – inter-country child retrieval, surrogacy, and the country statement on accession to the Hague Conventions related to this domain. In commercial law the research explores the concerns raised with regard to choice of law issues in transnational contracts, and also enforcement of foreign judgment/arbitral awards in the nations of this region.

Intellectual Property And Private International Law

Author : Josef Drexl
ISBN : 9781841135397
Genre : Law
File Size : 71. 7 MB
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This book sets out visions for a system of international and regional jurisdiction that is adapted to the supranational character of IP rights.

Security Interests In Intellectual Property

Author : Toshiyuki Kono
ISBN : 9789811054150
Genre : Law
File Size : 43. 75 MB
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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.

Emerging Challenges In Privacy Law

Author : Normann Witzleb
ISBN : 9781107041677
Genre : Business & Economics
File Size : 79. 39 MB
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Prominent privacy law experts, regulators and academics examine contemporary legal approaches to privacy from a comparative perspective.

Exclusive Jurisdiction In Intellectual Property

Author : Benedetta Ubertazzi
ISBN : 316151954X
Genre : Law
File Size : 51. 33 MB
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Benedetta Ubertazzi argues that exclusive jurisdiction rules related to intellectual property rights cases are not only insufficiently supported by any of the arguments usually invoked in their favor, but are also in fact contrary to public international law rules concerning the avoidance of a denial of justice and the fundamental human right of access to a court. They should therefore be abandoned with respect to infringement and validity claims involving either registered or unregistered intellectual property rights. The author claims that this abandonment would be consistent with the clear trend already existing in this respect and would prevent economic inequalities in cross-border intellectual property litigation, without however leading to abusive forum shopping.

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