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Intellectual Property and Private International Law: Comparative Perspectives

Edited by: Toshiyuki Kono

ISBN13: 9781849462310
Published: June 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £200.00



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'Intellectual property and private international law' was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington (July 2010).

This volume contains the General Report and 20 National Reports covering Canada, US, Japan, Korea, India and a number of European countries (Austria, France, Germany, UK, Spain etc). The General Report was prepared on the basis of National Reports.

The national reporters not only describe the existing legal framework, but also provide answers to 12 hypothetical cases concerning international jurisdiction, choice-of-law and recognition and enforcement of foreign judgments in multi-state IP disputes. Based on their answers the main differences between legal systems as well as the shortcomings of the cross-border enforcement of IP rights are outlined in the General Report.

The Reports in this volume analyse relevant court decisions as well as recent legislative proposals (such as the ALI, CLIP, Transparency, Waseda and Korean Principles). This book is therefore a significant contribution to the existing debate in the field and will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context.

Subjects:
Intellectual Property Law, Conflict of Laws
Contents:
General Report, Toshiyuki Kono and Paulius Jurčys
Part I - General Overview
1. Intellectual Property and Private International Law: Legal and Institutional Background
2. The Principle of Territoriality of IP Rights and the Lex Protectionis
Part II - Jurisdiction over Disputes Concerning Intellectual Property Rights
3. Personal Jurisdiction in IP Cases
4. Exclusive/Subject-Matter Jurisdiction
5. Jurisdiction in IP Infringement Disputes
6. Jurisdiction in Contract-Related Disputes
7. Consolidation of Proceedings
8. Parallel Proceedings in IP Disputes
9. Jurisdiction to Order Provisional or Protective Measures in IP Disputes
10. Choice of Court Agreements in Cross-Border IP Disputes
Part III - Choice-of-Law Issues in Intellectual Property Disputes
11. Applicable Law to Proprietary Matters of IP Rights
12. Applicable Law to Infringement of IP Rights
13. Applicable Law to the Contracts for the Transfer of IP Rights
14. Applicable Law to IP Rights Created in the Course of Employment Relationship
15. Applicable Law to Securities in IP
16. Recognition and Enforcement of Foreign Judgments
Concluding Observations

Country Reports
Austria, Thomas Petz
Belgium, Marie-Christine Janssens
Canada, Joost Blom
Croatia, Ivana Kunda
France, Marie-Elodie Ancel
Germany, Axel Metzger
Greece, Anastasia Grammaticaki-Alexiou and Tatiana Synodinou
Hungary, Levente Tattay
India, Vandana Singh
Italy, Nerina Boschiero and Benedetta Ubertazzi
Japan, Dai Yokomizo
Korea, Gyooho Lee
Netherlands, Dick van Engelen
Portugal, Alexandre Dias Pereira
Slovenia, Damjan Moˇzina
Spain, Pedro A de Miguel Asensio
Sweden, Ulf Maunsbach
Switzerland,Amélie Charbon and Iris Sidler
United Kingdom, Christopher Wadlow
United States, Howard B Abrams
Appendix I
Appendix II
Index

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