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Vol 21 No 11 Nov/Dec 2016

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Research Handbook on Cross-Border Enforcement of Intellectual Property

Edited by: Paul Torremans

ISBN13: 9781781955796
Published: December 2014
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £195.00



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The Research Handbook on Cross-Border Enforcement of Intellectual Property systematically analyses aspects of the enforcement of intellectual property rights. These are registered across borders and they are exploited internationally despite the fact that each of them is a national right.

In that context the cross-border enforcement of intellectual property takes on a crucial role and many elements play a role in making it happen. This book systematically examines each of these aspects in great detail.

The contributions to this book focus on the enforcement of intellectual property primarily from a cross-border perspective. Infringement remains a tricky issue in emerging economies and the book also looks at the enforcement structures in some of these countries and at the way in which they can be a building block in a cross-border enforcement strategy. Finally the book offers a unique insight into private international law and offers perspectives of the various professions on enforcement across borders.

Providing a comprehensive approach to cross border enforcement, this Handbook will prove a valuable resource for academics, postgraduate students and practitioners and international policy makers.

Subjects:
Intellectual Property Law
Contents:
PART I: NATIONAL AND REGIONAL ASSESSMENTS
1. Cross Border Enforcement of Intellectual Property Rights in U.S. Law Marshall Leaffer
2. Cross-Border Enforcement of Intellectual Property in China Shan Hailing
3. The Cross-Border Enforcement of Intellectual Property Rights in Thailand Tosaporn Leepuangtham
4. Cross-Border Enforcement of Intellectual Property: Japanese Law and Practice Toshiyuki Kono
5. Enforcement of Intellectual Property Rights in Vietnam
6. Cross-Border Enforcement of Intellectual Property : The European Union Olivier Vrins & Marius Schneider
7. Cross-Border Enforcement of Intellectual Property : Africa Marius Schneider & Vanessa Fergusson

PART II A PRIVATE INTERNATIONAL LAW PERSPECTIVE
8. Jurisdiction in Intellectual Property Cases Paul Torremans
9. Choice Of Law in IP: Rounding Off Territoriality Carmen Otero Garcia-Castrillon
10. Recognition And Enforcement Of Judgments: Recent Developments Pedro A. De Miguel Asensio
11. Ubiquitous and Multistate Cases Sophie Neumann
12. The Creation and Enforcement of Security Interests in Intellectual Property Rights: Choice-of-Law Issues Stefania Bariatti
13. Cross-Border Injunctions Paul Torremans

PART III JUDGES AND ARBITRATORS
14. International Enforcement of Intellectual Property: the Approach of the English Courts Peter Ellis
15. The Specificity of Intellectual Property Arbitration Francois Dessemontet
16. Online Dispute Resolution - The Phenomenon of the Udrp Andrew F. Christie

PART IV: SPECIAL ISSUES
17. Making Sense of Article 13 of the Enforcement Directive - Monetary Compensation for the Infringement of Intellectual Property Rights Trevor Cook
18. Challenges for the Enforcement of Copyright in the Online World: Time for a New Approach Christophe Geiger
19. Acta and Cross-Border Enforcement of Intellectual Property Michael Blakeney
20. Why are the Trips Enforcement Provisions Ineffective? Peter K. Yu
21. The Role of Internet Service Providers in Copyright Infringements on the Net Under Eu Law Irini Stamatoudi
22. Copyright Enforcement on the Internet in the European Union: Hyperlinks and Making Available Right Emanuela Arezzo