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Conflict of Laws in Intellectual Property: The CLIP Principles and Commentary (eBook)


ISBN13: 9780191643774
Published: February 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £118.75 + £23.75 VAT
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The Conflict of Laws in Intellectual Property (CLIP) Principles address issues of private law for disputes involving intellectual property rights. They were produced by a Max Planck Institute research project, in which the authors of this work were heavily involved.

The Principles are intended to provide a model European framework to respond to the increasing need for guidance on the applicable law. They represent a significant body of work which will help to inform developing practice on applicable law and conflict throughout the field.

This new work presents the Principles, alongside article-by-article commentary and notes, which analyse thoroughly the context of the rule within the Principles, as well as within the existing legal solutions at the national, European and international level.

It also explores the policy considerations underlying the rule, enabling a better understanding of why the Principles adopt the solutions laid out in the rules. Useful references are provided to the relevant legal provisions and cases dealing with the respective issues of intellectual property and private international law.

  • The only commentary on the CLIP Principles written by authors of the Principles themselves.
  • Article-by-article commentary and notes analyse the context of the rule within the Principles, considering how the rule operates supported by illustrations
  • Examines in detail the policy considerations underlying the rules to give a better understanding of why the solutions adopted by the Principles have been proposed
  • Provides useful references to legal provisions and cases dealing with intellectual property and private international law issues

Subjects:
Intellectual Property Law, Conflict of Laws, eBooks
Contents:
Preamble

Part 1: Purpose and Scope

Part 2: Jurisdiction
Section 1: General Jurisdiction
Section 2: Special Jurisdiction
Section 3: Prorogation of Jurisdiction
Section 4: Exclusive Jurisdiction
Section 5: Provisional, Including Protective, Measures
Section 6: General Provisions
Section 7: Coordination of Proceedings

Part 3: Applicable Law
Section 1: General Principles
Section 2: Initial Ownership
Section 3: Transferability
Section 4: Co-ownership
Section 5: Contracts and Related Questions
Section 6: Infringement and Remedies
Section 7: Limitations and Exceptions, Waivability
Section 8: Security Rights in Intellectual Property
Section 9: Supplementary Provisions

Part 4: Recognition and Enforcement
Section 1: General Rules
Section 2: Verification of Jurisdiction
Section 3: Provisional and Protective Measures
Section 4: Public Policy
Section 5: Other Grounds for Non-recognition of Foreign Judgements
Section 6: Exclusion of Substantive Review
Section 7: Procedure
Section 8: Settlements