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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: £300.00



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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

Series: Studies in Private International Law

Unjust Enrichment in Private International Law ISBN 9781509934003
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Private International Law and Competition Litigation in a Global Context ISBN 9781509918669
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The Application of Foreign Law in the British and German Courts ISBN 9781509959587
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The Private International Law of Authentic Instruments ISBN 9781509945627
Published July 2022
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£49.99
Economic Sanctions in EU Private International Law ISBN 9781509953578
Published July 2021
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The Private International Law of Authentic Instruments (eBook) ISBN 9781509907649
Published November 2020
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The Private International Law of Authentic Instruments ISBN 9781509907632
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Planning the Future of Cross Border Families: A Path Through Coordination ISBN 9781509919864
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Private International Law in Nigeria ISBN 9781509911134
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Private International Law in Nigeria (eBook) ISBN 9781509911141
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Place of Performance: A Comparative Analysis ISBN 9781509936205
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Place of Performance: A Comparative Analysis (eBook) ISBN 9781509936212
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Clawback Law in the Context of Succession (eBook) ISBN 9781509932337
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Clawback Law in the Context of Succession ISBN 9781509932320
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Economic Sanctions in EU Private International Law (eBook) ISBN 9781509933525
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Economic Sanctions in EU Private International Law ISBN 9781509933518
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Recognition and Enforcement of Judgments in Civil and Commercial Matters
Edited by: Anselmo Reyes
ISBN 9781509924257
Published September 2019
Hart Publishing
£150.00
Recognition and Enforcement of Judgments in Civil and Commercial Matters (eBook)
Edited by: Anselmo Reyes
ISBN 9781509924271
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£135.00
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Commercial Issues in Private International Law ISBN 9781509922871
Published June 2019
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The Choice of Law Contract ISBN 9781509926800
Published January 2019
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Forum (Non) Conveniens in England: Past, Present, and Future ISBN 9781782256403
Published December 2018
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Forum (Non) Conveniens in England: Past, Present, and Future (eBook) ISBN 9781509925780
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Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781509920105
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Cross-Border Litigation in Europe (eBook) ISBN 9781782256779
Published November 2017
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Cross-Border Litigation in Europe ISBN 9781782256762
Published November 2017
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The Nature and Enforcement of Choice of Court Agreements: A Comparative Study ISBN 9781509914494
Published October 2017
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Maintenance And Child Support in Private International Law ISBN 9781509915507
Published June 2017
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The Choice of Law Contract ISBN 9781849467643
Published September 2016
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The Choice of Law Contract (eBook) ISBN 9781509901029
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£31.49
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Recovery of Maintenance in the EU and Worldwide
Edited by: Paul Beaumont
ISBN 9781509909285
Published August 2016
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£54.99
Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781849466912
Published October 2015
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£95.00
Electronic Consumer Contracts in the Conflict of Laws 2nd ed (eBook) ISBN 9781782259305
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Maintenance And Child Support in Private International Law ISBN 9781849467179
Published March 2015
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Maintenance And Child Support in Private International Law (eBook) ISBN 9781509903566
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£34.19
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Recovery of Maintenance in the EU and Worldwide (eBook)
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ISBN 9781782254690
Published July 2014
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£49.49
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Recovery of Maintenance in the EU and Worldwide
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ISBN 9781849465731
Published July 2014
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£140.00
The Hague Child Abduction Convention: A Critical Analysis ISBN 9781849460170
Published November 2013
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£120.00
The Hague Child Abduction Convention: A Critical Analysis (eBook) ISBN 9781782253099
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Child Abduction within the European Union (eBook) ISBN 9781782250838
Published March 2013
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Child Abduction within the European Union ISBN 9781849463973
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Intellectual Property and Private International Law: Comparative Perspectives (eBook)
Edited by: Toshiyuki Kono
ISBN 9781847319708
Published June 2012
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£270.00
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The Governing Law of Companies in EU Law ISBN 9781849462969
Published April 2012
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The Governing Law of Companies in EU Law (eBook) ISBN 9781847319272
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Mediating International Child Abduction Cases: The Hague Convention (eBook) ISBN 9781847318657
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Mediating International Child Abduction Cases: The Hague Convention ISBN 9781849461818
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International Child Abduction: The Inadequacies of the Law ISBN 9781849461566
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International Child Abduction: The Inadequacies of the Law (eBook) ISBN 9781847318565
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Cases and Materials on EU Private International Law ISBN 9781849460279
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Cases and Materials on EU Private International Law (eBook) ISBN 9781847317636
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Jurisdiction and Judgments in Relation to EU Competition Law Claims ISBN 9781841136592
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Foreign Currency Claims in the Conflict of Laws ISBN 9781841138923
Published April 2010
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Electronic Consumer Contracts in the Conflict of Laws ISBN 9781841138473
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