Product details:
| ISBN13: | 9780198853312 |
| ISBN10: | 0198853319 |
| Binding: | Hardback |
| No. of pages: | 1040 pages |
| Size: | 250x175x50 mm |
| Weight: | 1670 g |
| Language: | English |
| 1027 |
Category:
Intellectual Property and Private International Law
Edition number: 3
Publisher: OUP Oxford
Date of Publication: 29 February 2024
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Publisher's listprice:
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Short description:
This book deals with the interaction between national intellectual property rights (such as copyright, patents and trade marks) and issues of private international law (which court has jurisdiction and which law will it apply) that arise from the exploitation of intellectual property rights in an increasingly globalised environment.
Long description:
The rapidly developing field of intellectual property and private international law could be difficult to navigate for practitioners and researchers because of the complex interface of the two legal disciplines. Intellectual Property and Private International Law sets out the main concepts with a comprehensive analysis of issues arising from the relationship between the two disciplines from common law, European Union and international perspectives.
This highly regarded work examines how jurisdiction is established in intellectual property disputes, how one identifies the applicable law and how to secure the recognition and enforcement of foreign judgments. This new edition encompasses the numerous, and in some cases major, legal developments seen over the past twelve years. It deals with the private international law aspects of the introduction of mandatory exemptions to the Directive on Copyright in the Digital Single Market; discusses the new Court of Justice of the European Union case law on article 7.2 Brussels I Regulations and its divergent approach to European Union intellectual property rights; covers recent EU directives and national case law, including the fundamental change in patent law that will result from the introduction of the European Patent with Unitary Effect and the Unified Patent Court; as well as elucidating the implications of Britain's departure from the European Union.
This highly regarded work examines how jurisdiction is established in intellectual property disputes, how one identifies the applicable law and how to secure the recognition and enforcement of foreign judgments. This new edition encompasses the numerous, and in some cases major, legal developments seen over the past twelve years. It deals with the private international law aspects of the introduction of mandatory exemptions to the Directive on Copyright in the Digital Single Market; discusses the new Court of Justice of the European Union case law on article 7.2 Brussels I Regulations and its divergent approach to European Union intellectual property rights; covers recent EU directives and national case law, including the fundamental change in patent law that will result from the introduction of the European Patent with Unitary Effect and the Unified Patent Court; as well as elucidating the implications of Britain's departure from the European Union.
Table of Contents:
Part A Jurisdiction
Creation and Validity of Intellectual Property Rights: Jurisdiction
Entitlement to the Grant and Ownership of Intellectual Property Rights: Jurisdiction
Contracts in Relation to the Exploitation of Intellectual Property Rights: Jurisdiction
Infringement: Preliminary Matters
Infringement: Jurisdiction under the European Union/ European Free Trade Association Rules
Infringement: Jurisdiction under the Traditional Rules
Infringement and Validity of Intellectual Property Rights: Jurisdiction
Jurisdictional Issues in Relation to European Union Rights
Complementary Torts and Other Causes of Action: Jurisdiction
Infringement, the Internet, and Broadcasting: Jurisdiction
Reform of Jurisdiction
Part B The Applicable Law
Choice of Law Elements in the Intellectual Property Conventions
Creation, Scope, and Termination of Intellectual Property Rights: The Applicable Law
Contracts in Relation to the Exploitation of Intellectual Property Rights: The Applicable Law
Infringement: The Applicable Law
Complementary Torts and Other Causes of Action: The Applicable Law
Choice of Law and the Internet
Choice of Law Reform
Part C Recognition and Enforcement of Foreign Judgements
Recognition and Enforcement of Foreign Judgements Relating to Intellectual Property
Creation and Validity of Intellectual Property Rights: Jurisdiction
Entitlement to the Grant and Ownership of Intellectual Property Rights: Jurisdiction
Contracts in Relation to the Exploitation of Intellectual Property Rights: Jurisdiction
Infringement: Preliminary Matters
Infringement: Jurisdiction under the European Union/ European Free Trade Association Rules
Infringement: Jurisdiction under the Traditional Rules
Infringement and Validity of Intellectual Property Rights: Jurisdiction
Jurisdictional Issues in Relation to European Union Rights
Complementary Torts and Other Causes of Action: Jurisdiction
Infringement, the Internet, and Broadcasting: Jurisdiction
Reform of Jurisdiction
Part B The Applicable Law
Choice of Law Elements in the Intellectual Property Conventions
Creation, Scope, and Termination of Intellectual Property Rights: The Applicable Law
Contracts in Relation to the Exploitation of Intellectual Property Rights: The Applicable Law
Infringement: The Applicable Law
Complementary Torts and Other Causes of Action: The Applicable Law
Choice of Law and the Internet
Choice of Law Reform
Part C Recognition and Enforcement of Foreign Judgements
Recognition and Enforcement of Foreign Judgements Relating to Intellectual Property
