\(
\def\WIPO{World Intellectual Property Organisation}
\)
Intellectual Property and Private International Law.
2015
Details
Title
Intellectual Property and Private International Law.
Author
Imprint
Cheltenham : Edward Elgar Pub. Ltd., 2015.
Item Type
Book
Description
880 pages.
ISBN
9781784716448 eBook
9781783471423 Print
9781783471423 Print
Summary
This collection, made possible by the recent convergence of intellectual property and private international law as critical disciplines, brings together the most important papers on these now linked subjects. More and more issues of private international law arise in the area of intellectual property, and the articles selected chart the route that both disciplines have covered together, discussing bridges built and dead-ends reached. Also looking forward to the future of the subject, with an original introduction by Professor Paul Torremans, Intellectual Property and Private International Law will prove to be an essential research tool for all students, academics and practitioners working in this fast-developing area.
Formatted Contents Note
Introduction
Part I: Territoriality
1. Intellectual Property Rights Infringements in European Private International Law: Meeting the Requirements of Territoriality and Private International Law; 2. The Territoriality Principle of Patent Protection and Conflict of Laws: A Review of Japanese Court Decisions
Part II: Jurisdiction: Moving On From The Territorial Starting Point
3. Jurisdiction and the Principle of Territoriality in Intellectual Property Law: Has the Pendulum Swung Too Far in the Other Direction?; 4. Intellectual Property Rights and Exclusive (Subject Matter) Jurisdiction: Between Private and Public International Law; 5. Worldwide Patent Litigation and the Italian Torpedo; 6. The Sense or Nonsense of Subject Matter Jurisdiction Over Foreign Copyright; 7. Star Wars Rids Us of Subject-Matter Jurisdiction: The Supreme Court Does Not Like Kafka Either When It Comes to Copyright; 8. A Farewell to Cross-Border Injunctions? The ECJ Decisions GAT v. LuK and Roche Nederland v. Primus and Goldenberg; 9. GAT and Roche — Idola Fori, Teatri, Specus: Regulation 864/2007 Makes Cross-Border Patent Litigation Possible; 10. Licence Agreements Relating to IP Rights and the EC Regulation on Jurisdiction; 11. The Court of Jurisdiction for Joint Parties in International Patent Disputes; 12. Choice of Court Agreements, Coordination of Proceedings and Provisional Measures in the Reform of the Brussels I Regulation; 13. Cross-Border Adjudication of Intellectual Property Rights and Competition Between Jurisdictions
Part III: Choice Of Law And Related Issues
14. From Itar-Tass to Films by Jove: The Conflict of Laws Revolution in International Copyright; 15. Reversionary Copyright: A Ghost of the Past or a Current Trap to Assignments of Copyright?; 16. Research Agreements and Joint Ownership of Intellectual Property Rights in Private International Law; 17. Copyright: Which Law Applies? Some Thoughts on Issues of Authorship, (First) Ownership of Rights and Works Created by Employees; 18. Authors and Exploitations in International Private Law: The French Supreme Court and the Huston Film Colorization Controversy; 19. Licenses and Assignments of Intellectual Property Rights Under the Rome I Regulation; 20. The New Private International Law of Unfair Competition and the “Rome II” Regulation; 21. Intellectual Property Rights, Conflict of Laws and International Jurisdiction: Applicability of ALI Principles in Japan?; 22. The Law Applicable to Security Interests in Intellectual Property Rights; 23. Territorial Trademark Rights in the Global Village – International Jurisdiction, Choice of Law and Substantive Law for Trade Mark Disputes on the Internet; 24. Transnational Law for Transnational Communities: The Emergence of a Lex Mercatoria (or Lex Informatica) for International Creative Communities; 25. The Law Applicable to Secondary Liability in Intellectual Property Cases; 26. Social Networking Sites, an Overview of Applicable Law Issues; 27. The Law Applicable to Online Copyright Infringements in the ALI and CLIP Proposals: A Rebalance of Interests Needed?; 28. Internet Intermediaries and the Law Applicable to Intellectual Property Infringements; 29. Calling for Party Autonomy in Intellectual Property Infringement Cases
Part IV: The Demise of Territoriality?
30. Developing a Private International Intellectual Property Law: The Demise of Territoriality?; Part V: Recognition And Enforcement Of Foreign Judgements; 31. Cross-Border Injunctions in U.S. Patent Cases and Their Enforcement Abroad; 32. Public Policy Exception to Recognition and Enforcement of Judgments in Cases of Copyright Infringement; 33. Extraterritorial Intellectual Property Enforcement in the European Union
Index
Part I: Territoriality
1. Intellectual Property Rights Infringements in European Private International Law: Meeting the Requirements of Territoriality and Private International Law; 2. The Territoriality Principle of Patent Protection and Conflict of Laws: A Review of Japanese Court Decisions
Part II: Jurisdiction: Moving On From The Territorial Starting Point
3. Jurisdiction and the Principle of Territoriality in Intellectual Property Law: Has the Pendulum Swung Too Far in the Other Direction?; 4. Intellectual Property Rights and Exclusive (Subject Matter) Jurisdiction: Between Private and Public International Law; 5. Worldwide Patent Litigation and the Italian Torpedo; 6. The Sense or Nonsense of Subject Matter Jurisdiction Over Foreign Copyright; 7. Star Wars Rids Us of Subject-Matter Jurisdiction: The Supreme Court Does Not Like Kafka Either When It Comes to Copyright; 8. A Farewell to Cross-Border Injunctions? The ECJ Decisions GAT v. LuK and Roche Nederland v. Primus and Goldenberg; 9. GAT and Roche — Idola Fori, Teatri, Specus: Regulation 864/2007 Makes Cross-Border Patent Litigation Possible; 10. Licence Agreements Relating to IP Rights and the EC Regulation on Jurisdiction; 11. The Court of Jurisdiction for Joint Parties in International Patent Disputes; 12. Choice of Court Agreements, Coordination of Proceedings and Provisional Measures in the Reform of the Brussels I Regulation; 13. Cross-Border Adjudication of Intellectual Property Rights and Competition Between Jurisdictions
Part III: Choice Of Law And Related Issues
14. From Itar-Tass to Films by Jove: The Conflict of Laws Revolution in International Copyright; 15. Reversionary Copyright: A Ghost of the Past or a Current Trap to Assignments of Copyright?; 16. Research Agreements and Joint Ownership of Intellectual Property Rights in Private International Law; 17. Copyright: Which Law Applies? Some Thoughts on Issues of Authorship, (First) Ownership of Rights and Works Created by Employees; 18. Authors and Exploitations in International Private Law: The French Supreme Court and the Huston Film Colorization Controversy; 19. Licenses and Assignments of Intellectual Property Rights Under the Rome I Regulation; 20. The New Private International Law of Unfair Competition and the “Rome II” Regulation; 21. Intellectual Property Rights, Conflict of Laws and International Jurisdiction: Applicability of ALI Principles in Japan?; 22. The Law Applicable to Security Interests in Intellectual Property Rights; 23. Territorial Trademark Rights in the Global Village – International Jurisdiction, Choice of Law and Substantive Law for Trade Mark Disputes on the Internet; 24. Transnational Law for Transnational Communities: The Emergence of a Lex Mercatoria (or Lex Informatica) for International Creative Communities; 25. The Law Applicable to Secondary Liability in Intellectual Property Cases; 26. Social Networking Sites, an Overview of Applicable Law Issues; 27. The Law Applicable to Online Copyright Infringements in the ALI and CLIP Proposals: A Rebalance of Interests Needed?; 28. Internet Intermediaries and the Law Applicable to Intellectual Property Infringements; 29. Calling for Party Autonomy in Intellectual Property Infringement Cases
Part IV: The Demise of Territoriality?
30. Developing a Private International Intellectual Property Law: The Demise of Territoriality?; Part V: Recognition And Enforcement Of Foreign Judgements; 31. Cross-Border Injunctions in U.S. Patent Cases and Their Enforcement Abroad; 32. Public Policy Exception to Recognition and Enforcement of Judgments in Cases of Copyright Infringement; 33. Extraterritorial Intellectual Property Enforcement in the European Union
Index
Linked Resources
Language
English
Record Appears in