Sale!

International Litigation in Intellectual Property and Information Technology 1st edition by Arnaud Nuyts ISBN 904112702X 9789041127020

Original price was: $70.00.Current price is: $24.99.

Instant download International Litigation in Intellectual Property and Information Technology after payment

SKU: EB_90514 Category:

International Litigation in Intellectual Property and Information Technology 1st edition by Arnaud Nuyts – Ebook PDF Instant Download/Delivery: 904112702X , 978-9041127020
Full dowload International Litigation in Intellectual Property and Information Technology 1st Edition after payment

Product details:

ISBN 10:    904112702X
ISBN 13: 978-9041127020
Author:       Arnaud Nuyts

The pressure to develop an intellectual property litigation framework at a supranational level is enormous. The tensions among technological change, the forces of an ever-more global market, the quest of market actors for tactical advantage and of legal actors for equitable solutions, and the ever-present imperative of the principle of economy in judicial proceedings all cry out for resolution. In the progress toward this framework, the fourteen leading authorities who have put this remarkable symposium together show that European Community law, and particularly its effect on judicial cooperation among Member States in civil and commercial matters, has led and continues to lead the way. 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?
The wide-ranging analyses presented here will contribute substantially to the establishment of a common frame of reference among intellectual property lawyers and private international lawyers, across the EU and on a global scale. For policymakers, practitioners, and academics in international IP law, this book offers food for thought for legislative projects, reviews and renews doctrines in private international law and the transnational legal treatment of intellectual property, and affirms a forward-looking dialogue on these crucial matters.

International Litigation in Intellectual Property and Information Technology 1st Table of contents:

Chapter 1: Cross-Border Litigation in IP/IT Matters in the European Union: The Transformation of the Jurisdictional Landscape

I. Introduction

II. From Strict Territoriality to Cross-Border Litigation

III. The Cross-Border Litigation Machinery

IV. Copyright Litigation under the Brussels Regime

V. Impact of Information Technology on the Litigation of IP Rights under the Brussels Convention/Regulation

VI. Conclusion

Chapter 2: The Community Framework for Cross-Border Intellectual Property and Information Technology Litigation

I. Introduction

II. Yesterday: International Litigation prior to the Development of an EU Framework

III. Today: Changes in International Litigation Due to the Establishment of an EU Framework

IV. Tomorrow: What Type of International Litigation and What Type of Community Law Can Be Expected?

Chapter 3: The Widening Reach of Exclusive Jurisdiction: Where Can You Litigate IP Rights after GAT?

I. Introduction

II. The Judgment

III. The Position Adopted by the Court

IV. The Implications of the Judgment

V. Towards a Solution

VI. Conclusion

Chapter 4: Is There Any Web for the Spider? Jurisdiction over Co-defendants after Roche Nederland

I. Introduction

II. The Brussels Convention

III. National Case-Law before Roche

IV. The Roche Decision

V. Critical Evaluation of the Outcome of the Roche Case

VI. Perspectives after Roche

Chapter 5: The Appropriate Venue for Cross-Border Patent Disputes: Heading (Far) West?

I. Introduction

II. The Compartmentalized Approach to Patent Disputes

III. Comparative Approach and Future Developments

Chapter 6: Suing At the Place of Infringement: The Application of Article 5(3) of Regulation 44/2001 to IP Matters and Internet Disputes

I. Introduction

II. Legal Basis for Suing at the Place of Infringement

III. Types of Actions that Can Be Brought at the Place of Infringement

IV. Determination of the Place of Infringement

V. Territorial Limitation of Jurisdiction

Chapter 7: Cross-Border Litigation of Unfair Competition over the Internet

I. Introduction

II. Special Features of Unfair Competition Claims

III. The Law Applicable to Unfair Competition Claims

IV. Jurisdiction over Unfair Competition Claims

V. Conclusions

Chapter 8: Justiciability, Discretion and Foreign Rights

I. Introduction

II. A Case Study: English Law

III. National Law and Community Law

IV. Conclusion

Chapter 9: Torpedoes and Actions for Negative Declarations in International IP Law Litigation

I. Introduction

II. Cross-Border Litigation of IP Rights Infringement within the European Judicial Area

III. The Torpedo Actions

IV. Torpedoes within the EU Judicial Area: Consistency or Inconsistency?

VI. The ECJ’s GAT v. LuK Decision

VII. GAT v. LuK and Roche Cases: Adverse Effects on Torpedo Practice

VIII. Negative Attitude of Domestic Courts in Respect of Torpedoes

IX. (In)Consistency of Negative Declarations with Article 5(3) Convention/Regulation?

X. Consistency of Negative Declarations with the Convention/Regulation Framework: The Interface with Admissibility Preconditions Provided for by National Law

XI. Concluding Remarks

Chapter 10: Jurisdiction to Grant Provisional and Protective Measures in Intellectual Property Matters

I. Introduction

II. Definition of Provisional and Protective Measures

III. International Jurisdiction to Order Provisional Including Protective Measures

IV. Conclusion

Chapter 11: Interactions between Community Instruments and International Conventions (Including the Draft New Lugano Convention) in Intellectual Property Matters

I. Introduction

II. The Determining Factors

III. The Results

IV. Final Considerations

Chapter 12: The Impact of the Enforcement Directive on the Brussels I Regime

I. Directive 2004/48/EC: General Aspects

II. Obtaining of Evidence v. Provisional and Precautionary Measures

III. Jurisdiction on the Merits

V. Concluding Remarks

Chapter 13: Preservation and Taking of Evidence in Cross-Border Proceedings – Comparative Remarks in the Context of IP Litigation

I. Introduction

II. The Different National Systems

III. The EC-Framework

IV. Concluding Remarks

Chapter 14: Concluding Remarks: Territoriality, International Governance and Cross-Border Litigation of Intellectual Property Claims

I. Introduction

II. The Evolving Intellectual Property Paradigm

III. Evolving International Regimes of Intellectual Property Protection

IV. Territoriality in Intellectual Property

V. Conclusion

People also search for International Litigation in Intellectual Property and Information Technology 1st:

international intellectual property law association
an intellectual property agreement
best intellectual property law firms in the world
international law enforcement intellectual property crime conference

Reviews

There are no reviews yet.

Be the first to review “International Litigation in Intellectual Property and Information Technology 1st edition by Arnaud Nuyts ISBN 904112702X 9789041127020”