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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Intellectual Property and Private International Law 2nd ed


ISBN13: 9780199556588
Previous Edition ISBN: 0198262140
Published: February 2011
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £235.00



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Intellectual property has traditionally been regulated on a territorial basis. However, the protection and commercial exploitation of intellectual property rights such as patents, trade marks, designs and copyright occurring across borders are now seldom confined to one jurisdiction.

This book considers how the introduction of a foreign element inevitably raises potential problems of private international law, ranging from establishing which court has jurisdiction and which is the applicable law to securing the recognition and enforcement of foreign judgments.

The Internet has brought a significant increase in the scale of this phenomenon and valuable new chapters have been added to this edition to reflect this. Nationally protected trade marks are now used globally on websites and copyright material is distributed, communicated and copied in a world without borders. Patents have already been licensed on a transnational basis for several decades. All this raises questions of jurisdiction and applicable law.

The well-respected and expert author team address such questions as; which court will have jurisdiction to deal with the issues arising from intellectual property rights and their exploitation in an international context? And which national law will the court with jurisdiction apply? Private international law questions increasingly arise and the two disciplines that previously operated in different spheres are increasingly obliged to co-operate.

Although such issues are becoming increasingly important, a dearth of literature exists on the subject. Fawcett and Torremans remedy that neglect and provide a systematic and comprehensive analysis of the topic that will be welcomed by practitioners and scholars alike.

Subjects:
Intellectual Property Law, Conflict of Laws
Contents:
JURISDICTION
1: Creation and validity of intellectual property rights: jurisdiction
2: Entitlement to the grant and ownership of intellectual property rights: jurisdiction
3: Contracts in relation to the exploitation of intellectual property rights: jurisdiction
4: Infringement: preliminary matters
5: Infringement: jurisdiction under the European Community/European Free Trade Area rules
6: Infringement: jurisdiction under the traditional rules
7: European Community rights: jurisdiction
8: Complementary torts and other causes of action: jurisdiction
THE APPLICABLE LAW
9: Choice of law elements in the intellectual property conventions
10: Creation, scope and termination of intellectual property rights: the applicable law
11: Contracts in relation to the exploitation of intellectual property rights: the applicable law
12: Infringement: the applicable law
13: Complementary torts and other causes of action: the applicable law
RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS
14: Recognition and enforcement of foreign judgments in intellectual property cases;

Series: Oxford Private International Law

Hagues Securities Convention ISBN 9780199211999
To be published December 2018
Oxford University Press
£155.00
The Hague Convention on International Child Abduction 2nd ed ISBN 9780199590346
To be published June 2017
Oxford University Press
£95.00
Conflict of Laws and Arbitral Discretion: The Closest Connection Test ISBN 9780198787440
To be published January 2017
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£95.00
£91.67 + £18.33 VAT
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Freedom of Establishment and Private International Law for Corporations ISBN 9780199698042
Published March 2012
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£117.50
Substance and Procedure in Private International Law (eBook) ISBN 9780191629365
Published March 2012
Oxford University Press
£106.25 + £21.25 VAT
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Substance and Procedure in Private International Law ISBN 9780199532797
Published March 2012
Oxford University Press
£137.50
Employment Contracts In Private International Law ISBN 9780199591046
Published November 2011
Oxford University Press
£115.00
Employment Contracts In Private International Law (eBook) ISBN 9780191632075
Published November 2011
Oxford University Press
£91.67 + £18.33 VAT
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The Arrest of Ships in Private International Law ISBN 9780199581351
Published November 2011
Oxford University Press
£117.50
The Anti-Suit Injunction with 1st Supplement ISBN 9780199589807
Published November 2010
Oxford University Press
£187.50
The Anti-Suit Injunction Updating Supplement ISBN 9780199588473
Published November 2010
Oxford University Press
£49.49
Cross-Border Divorce Law: Brussels II Bis ISBN 9780199581191
Published October 2010
Oxford University Press
£135.00
The Anti-Suit Injunction ISBN 9780199287321
Published October 2008
Oxford University Press
Out of print
Cross-Border Consumer Contracts ISBN 9780199276547
Published September 2008
Oxford University Press
£135.00
Agreements on Jurisdiction and Choice of Law ISBN 9780199282302
Published March 2008
Oxford University Press
£230.00
Civil Jurisdiction Rules of the EU and their Impact on Third States ISBN 9780199228577
Published January 2008
Oxford University Press
£122.50
Conflict of Laws Within the UK ISBN 9780199202454
Published October 2007
Oxford University Press
£112.50
Insolvency in Private International Law 2nd ed with 1st Supplement ISBN 9780199214952
Published March 2007
Oxford University Press
£225.00
Insolvency in Private International Law: 1st Supplement to 2nd ed ISBN 9780199288731
Published March 2007
Oxford University Press
£33.49
The Transfer of Property in the Conflict of Laws ISBN 9780199271474
Published October 2005
Oxford University Press
£117.50
International Sale of Goods in the Conflict of Laws ISBN 9780199244690
Published January 2005
Oxford University Press
£310.00
Choice of Law for Equitable Doctrines ISBN 9780199274925
Published September 2004
Oxford University Press
£127.50
Procedural Law in International Arbitration ISBN 9780199249480
Published March 2004
Oxford University Press
£127.50
Foreign Law in Civil Litigation: A Comparative and Functional Analysis ISBN 9780199264766
Published January 2004
Oxford University Press
£145.00
Forum Shopping and Venue in Transnational Litigation ISBN 9780199248186
Published June 2003
Oxford University Press
£117.50
Shares and Other Securities in the Conflict of Laws ISBN 9780199256136
Published March 2003
Oxford University Press
£127.50
Cross-border Enforcement of Patent Rights ISBN 9780199249695
Published September 2002
Oxford University Press
£112.50
Res Judicata, Estoppel and Foreign Judgments ISBN 9780199243396
Published March 2002
Oxford University Press
£105.00
Corporations in Private International Law ISBN 9780198299257
Published March 2002
Oxford University Press
£122.50
Enforcement of Judgments in Europe
Wendy KennettLecturer in Law, University of Keele
ISBN 9780198298199
Published September 2001
Oxford University Press
£127.50
Claims for Contribution and Reimbursement in an International Context ISBN 9780198268963
Published October 2000
Oxford University Press
£117.50
The Hague Convention on International Child Abduction ISBN 9780198260646
Published September 1999
Oxford University Press
£127.50
Autonomy in International Contracts ISBN 9780198262701
Published March 1999
Oxford University Press
£112.50
Foreign Law in English Courts: Pleading, Proof and Choice of Law ISBN 9780198258780
Published June 1998
Oxford University Press
£120.00
Declining Jurisdiction in Private International Law ISBN 9780198259596
Published August 1995
Oxford University Press
£127.50