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Enforcement of Intellectual Property Rights in Dutch English and German Civil Procedure

Enforcement of Intellectual Property Rights in Dutch  English and German Civil Procedure Author George Cumming
ISBN-10 9789041127266
Release 2008
Pages 317
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EU Directive 2004/48 EC obliges Member States to seek to achieve 'partial harmonization' of the remedies, procedures and measures necessary to enforce intellectual property law. These obligations provide what may be termed a minimum standard which must be fulfilled by the Member States in the course of their implementation of the Directive. However, the Directive is not faring well at the Member State level. The three authors' vastly detailed, article-by-article analysis of the fortunes of Directive 2004/48 EC in three EU jurisdictions offers enormously valuable insights into the complex ways Member States respond to Community law, and in so doing provides an important addition to the ongoing inquiry into the nature of the reciprocal tensions between EU law (both judicial and legislative) and the laws of Member States. The particular investigation undertaken here reveals three paradigmatic situations: the situation in which the Directive has not been implemented at all, either because the Member State believes that its current legislation is adequate or that the wording of the Directive is such that no special legislation is required (England); the situation in which implementation has been inadequate, because either the pre-existing legislation constitutes inadequate legislation or because the specifically adopted legislation proves to be legally uncertain (The Netherlands); and the situation in which the relevant time for implementation for the Directive has elapsed and no specific legislation has been adopted (Germany). If there really is, as the European Commission contends, an 'enforcement deficit' in the protection of intellectual property rights by national rules of procedure, then the most effective remedial approach, Cummings shows, is through the principles of legal certainty, full effect, and effective judicial protection. These principles will assist the national court in interpretation of the precise meaning of the substantive obligations under the Directive. Drawing on the tenor of ECJ law that national procedural rules should not present an obstacle to adequate judicial protection, the author considers the conditions that must be fulfilled before an eventual claimant, who has suffered loss and damage caused by either the non-implementation or the incorrect implementation of a directive, may bring an action against the State for breach of Community law. The author presents his analyses of the implementation of the Directive in Dutch and English national procedure and his proposals for German implementation as three separate cases rather than comparatively, as any attempt to compare either the method of national implementation or the degree of adequacy or inadequacy inevitably obscures the essential particularities of each of the three national systems in relation to the Directive. Although this book will repay the study of anyone interested in European law, it will be of special value to practitioners and policymakers engaged in intellectual property law, particularly in EU Member States.



The Reform of EC Competition Law

The Reform of EC Competition Law Author Ioannis Kokkoris
ISBN-10 9789041126924
Release 2010
Pages 578
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This book represents a fresh approach to EC competition law - one that is of singular value in grappling with the huge economic challenges we face today. As a critical analysis of the law and options available to European competition authorities and legal practitioners in the field, it stands without peer. It will be greatly welcomed by lawyers, policymakers and other interested professionals in Europe and throughout the world.



Intellectual Property and Private International Law

Intellectual Property and Private International Law Author J. J. Fawcett
ISBN-10 0198262140
Release 1998
Pages 760
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The protection and commercial exploitation of intellectual property rights such as patents, trade marks, designs and copyright are seldom confined to one country and 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. For example, will a foreign defendant be subject to the jurisdiction of the English courts if he induces his English distributor to infringe a patent in England? What law will apply to a trade mark licensing agreement made between a German company and a French company where the parties have not expressly chosen whose law governs their contract? And are an author's rights determined by the same law as that governing the issue of the transferability of copyright? 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. From the authors' preface This book is concerned with the application of the rules of private international law to intellectual property cases. Private international lawyers have largely ignored this topic, and it has been left to intellectual property lawyers to discuss this. This is a pity. It is a topicwhich raises unique questions for the private international lawyer which deserve an answer, and at the same time tells us much about the rules of private international law that are being applied. The aim of the book is to fill this gap in the literature. The emphasis in the book is on private international law rather than on intellectual property law. Nonetheless, it is hoped that intellectual property lawyers will find much to interest them here Most of the book is taken up with a discussion of the relevant rules of private international law and their application in the context of intellectual property law. A major theme of the book is the extent to which there are special rules of private international law for this area and whether there should be such rules. Alternative private international law solutions will be considered by looking at the law in other jurisdictions and, where appropriate, proposals will be put forward for a better solution This book is part ofthe Oxford Monographs in Private International Law series, the aim of which is to publish work of high quality and originality in a number of important areas of private international law. The series is intended for both scholarly and practitioner readers.



Martindale Hubbell International Law Directory

Martindale Hubbell International Law Directory Author
ISBN-10 IND:30000038876201
Release 1994
Pages
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Martindale Hubbell International Law Directory has been writing in one form or another for most of life. You can find so many inspiration from Martindale Hubbell International Law Directory also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Martindale Hubbell International Law Directory book for free.



The Enforcement of Intellectual Property Rights

The Enforcement of Intellectual Property Rights Author Louis Tc Harms
ISBN-10 9280522493
Release 2012-12-28
Pages 576
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With this publication, WIPO and the author aim at making available for judges, lawyers and law enforcement officials a valuable tool for the handling of intellectual property cases. To that effect, the case book uses carefully selected court decisions drawn from various countries with either civil or common law traditions. The extracts from the decisions and accompanying comments illustrate the different areas of intellectual property law, with an emphasis on matters that typically arise in connection with the enforcement of intellectual property rights in civil and as well as criminal proceedings.



Choice of Law in Copyright and Related Rights

Choice of Law in Copyright and Related Rights Author Mireille M. M. van Eechoud
ISBN-10 9789041120717
Release 2003
Pages 289
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Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.



Identifying Exclusionary Abuses by Dominant Undertakings Under EU Competition Law

Identifying Exclusionary Abuses by Dominant Undertakings Under EU Competition Law Author Eirik Østerud
ISBN-10 9789041132710
Release 2010
Pages 350
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The author also contrasts the Commission's decisional practice with the case law, assesses approaches under U.S. antitrust law to similar forms of conduct, and incorporates insights from economic theory. --



Beweisrecht in Der Europ ischen Union

Beweisrecht in Der Europ  ischen Union Author José Lebre de Freitas
ISBN-10 9789041121370
Release 2004
Pages 463
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This important book, the fifth in the Civil Procedure in Europe series, provides a comparative overview, of 13 EU countries and Switzerland, on the law of evidence. Each country's practice in this area is described and analysed by a national expert distinguished in the field of civil procedural law. The contributions are written in either English, French or German, and are followed by summaries in both remaining languages. Bibliographies are included to enable the reader to locate material for further study. A comparative contribution by the editor, Professor Jose Lebre de Freitas, analyses the similarities and differences between the various European systems. Furthermore, the editor discusses attempts to harmonise the law of evidence in Europe and provides concrete suggestions for a future harmonisation or unification of this area of law. The countries covered are Austria, Belgium, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, The Netherlands, Portugal, Spain, Sweden and Switzerland.



Information Technology and the Law

Information Technology and the Law Author
ISBN-10 STANFORD:36105061727967
Release 1995
Pages
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Information Technology and the Law has been writing in one form or another for most of life. You can find so many inspiration from Information Technology and the Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Information Technology and the Law book for free.



Socio economic Benefits of Intellectual Property Protection in Developing Countries

Socio economic Benefits of Intellectual Property Protection in Developing Countries Author Shahid Alikhan
ISBN-10 9280508962
Release 2000
Pages 198
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Socio economic Benefits of Intellectual Property Protection in Developing Countries has been writing in one form or another for most of life. You can find so many inspiration from Socio economic Benefits of Intellectual Property Protection in Developing Countries also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Socio economic Benefits of Intellectual Property Protection in Developing Countries book for free.



Toward a Prosecutor for the European Union Volume 1

Toward a Prosecutor for the European Union Volume 1 Author Katalin Ligeti
ISBN-10 9781782250456
Release 2012-12-17
Pages 1096
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In an era in which the EU's influence in criminal law matters has expanded rapidly, attention has recently turned to the possible creation of a European Public Prosecutor's Office. This two volume work presents the results of a study carried out by a group of European criminal law experts in 2010-2012, with the financial support of the EU Commission, whose aims were to examine in detail current public prosecution systems in the Member States and to scrutinise proposals for a new European office. Volume 1 begins with thorough descriptions of 20 different national legal systems of investigation and prosecution, addressing a range of evidential and procedural safeguards. These will serve as a point of reference for all future research on public prosecutors. Volume 1 also contains a series of cross-cutting studies of the key issues that will inform debates about the creation of a European Public Prosecutor's Office, including studies of vertical cooperation in administrative investigations in subsidy and competition cases, the accession of the EU to the ECHR, judicial control in cooperation in criminal matters, mutual recognition and decentralised enforcement of European competition law. Volume 2 (which will be published in 2013) presents a draft set of model rules for the procedure of the European Public Prosecutor's Office and continues with a set of comparative studies of the national legal systems that cover the gathering of evidence, seizure of assets, arrests, tracking and tracing, prosecution measures, procedural safeguards, the presumption of innocence and the right to silence, access to the file and victim reconciliation. Volume 2 concludes with the final report, written by Professor Ligeti, summarising the findings of the group and reporting on the prospects for the proposed reform.



Disgorgement of Profits

Disgorgement of Profits Author Ewoud Hondius
ISBN-10 9783319187594
Release 2015-08-12
Pages 507
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Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.



Baker McKenzie International Arbitration Yearbook 2010 2011

Baker   McKenzie International Arbitration Yearbook  2010 2011 Author Baker & McKenzie
ISBN-10 9781933833781
Release 2011-03-01
Pages 670
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This is the fourth edition of the Baker & McKenzie International Arbitration Yearbook, an annual series established by the Firm in 2007. This collection of articles is comprised of reports in key jurisdictions around the globe on arbitration. Leading lawyers of the Firm’s International Arbitration Practice Group, a division of the Firm’s Global Dispute Resolution Practice Group, report on recent developments in national laws relating to arbitration and address current arbitral trends and tendencies in the jurisdictions in which they practice. This Yearbook highlights the more important recent developments in international arbitration, without aspiring to be an exhaustive case reporter or a text-book to arbitration in the broad sense. This volume will prove a useful tool for those contemplating and using arbitration to resolve international business disputes.



Trademark and Unfair Competition Conflicts

Trademark and Unfair Competition Conflicts Author Tim W. Dornis
ISBN-10 9781107155060
Release 2017-02-23
Pages 802
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This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.



Introduction to Swiss Law

Introduction to Swiss Law Author François Dessemontet
ISBN-10 9041122605
Release 2004
Pages 351
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This handy volume offers practitioners and students an introduction to the law of Switzerland. Encompassing all the major fields of legal practice, Introduction to Swiss Law provides an essential understanding of Swiss legal system, with special emphasis on some contemporary issues, so that users can become familiar with the legal institutions and pursue further research on specific Swiss legal matters. With 18 chapters written by Swiss experts in their respective fields of law, each gives French and German terminology and supported with selected list of books in French and German, this is the ideal starting point whenever a question of Swiss law must be answered. The book includes, among others, the following topics: sources of Swiss law; the federal constitution; administrative law; legal persons; family and inheritance ;; property; contracts; civil liability; competition and intellectual property; as well as the fields of corporations, banking law, taxation, labor law, private international law and criminal law. Chapters on civil and criminal procedure include coverage of the essential elements of evidence rules, remedies, and enforcement. A comprehensive list of books and articles on Swiss law in English is also attached to the book. Now in its third edition, this concise and practical guide is sure to continue providing interested parties with a speedy and reliable opening to whatever aspect of Swiss law they need to know. It is also of great value as a comparative source, in broader terms, on Swiss legal practice.



Party Autonomy in International Property Law

Party Autonomy in International Property Law Author Roel Westrik
ISBN-10 9783866539327
Release 2011-06-30
Pages 256
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Party autonomy is a subject that is traditionally rejected in the field of property law. Legal systems throughout Europe and most parts of the world still found their property law on the lex situs. This point of view, however, is challenged more and more. The immense intensification of worldwide trade may have turned boundaries between countries into barriers in a world that needs flexibility. This book deals with important questions concerning this problem, including: What happens to property rights related to movables and claims when borders are crossed? Do we recognize a German retention of title or an American security right? Which law will apply: the law of the country of origin, the lex situs or the law of the country of destination? How does legislation concerning financial instruments relate to the problem, and what is it all worth in insolvency situations?



Antitrust in the Groceries Sector Liability Issues in Relation to Corporate Social Responsibility

Antitrust in the Groceries Sector   Liability Issues in Relation to Corporate Social Responsibility Author Pierre Kobel
ISBN-10 9783662457535
Release 2015-04-23
Pages 606
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The book provides an analysis of the grocery retail market in a very large number of countries with an international report written by an economist. The second part of the book offers the analysis of liability issues in relation to non-compliance with CSRs with an international report by a British barrister. Both topics are very timely.