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Intellectual Property and Private International Law

Heading for the Future

Editor(s): Josef Drexl, Annette Kur
Media of Intellectual Property and Private International Law
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Published: 23-02-2005
Format: Paperback
Edition: 1st
Extent: 384
ISBN: 9781841135397
Imprint: Hart Publishing
Series: Studies in Industrial Property and Copyright Law
RRP: £90.00
Online price : £81.00
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Loren Epson

About Intellectual Property and Private International Law

The relationship between intellectual property and private international law is a fascinating and multi-faceted one. Both fields are inherently international, but it is the exponential increase in conflicts involving trans-border elements, in a world characterised by global trade and borderless communication structures, that has, in modern times, drawn the two disciplines close.

The essays contained in this book, first presented at a Symposium in Munich, set out possible visions for a future system of international and regional jurisdiction and applicable law that is better adapted to the increasingly supranational character of IP rights. A second feature of the book is its treatment of 'harmonisation' of choice-of-law issues. Framed by these two elements - international jurisdiction on the one hand and perspectives for harmonised choice of law rules in an international context on the other - specific European themes are also addressed; jurisdiction, the establishment of a European judiciary in the patent field, the relationship between regional (European) systems and an international jurisdiction convention, and the recent proposal for a Regulation on applicable law in non-contractual relationships (Rome II).

Table Of Contents

Part One: Jurisdiction

I. The Proposed Hague Convention

The Hague Conference Project for a Global Convention on Jurisdiction, Recognition and Enforcement in Civil and Commercial Matters: An Update
Andrea Schulz

II. The MPI Proposal

Jurisdiction and Enforcement of Foreign Judgments – The General Structure of the MPI Proposal
Annette Kur

Provisional Measures and Multiple Defendants in the MPI Proposal
Marcus Norrgård

Contractual Jurisdiction Clauses and Intellectual Property
Alexander Peukert

III. Current Developments in Patent Law

The EPLA Project and the Forthcoming Community Patent System – A Model for IP in General?
Jan Willems

The Relationship Between Regional (Patent) Judiciary Systems in Europe and International Conventions – Smooth Coexistence or Confusion?
Stefan Luginbuehl

Part Two: Choice of Law

I. General Principles

Choice of Law and Intellectual Property
Richard Fentiman

II. European Issues

The Proposed Rome II Regulation: European Choice of Law in the Field of Intellectual Property
Josef Drexl

Comments: The Rome II Regulation Proposal and its Relation to the European Country-of-Origin Principle
Matthias Leistner

Choice-of-Law Rules in the EU – Special Issues with Respect to Community Rights – Infringement of Community Trade Marks and Applicable Law
Eike Schaper

Community Rights & Conflict of Laws: Community Trademark, Community Design, Community Patent – Applicable Law for Claims of Damages
Axel Metzger

III. International Issues

Recent Judgments in Japan on Intellectual Property Rights Conflict of Laws and International Jurisdiction
Toshiyuki Kono

Choice of Law in the Digital Environment – Problems and Possible Solutions
Ansgar Ohly

The Joint Recommendation Concerning Protection of Marks, and Other Industrial Property Rights in Signs, on the Internet
Johannes Christian Wichard

Who Decides on the Colours of Films on the Internet? Drafting of Choice-of-Law Rules for the Determination of Initial Ownership of Film Works vis-à-vis Global Acts of Exploitation on the Internet
Dorothee Thum

Alternatives to the lex protectionis as the Choice-of-Law Rule for Initial Ownership of Copyright
Mireille van Eechoud

Reviews

“The strength of the book is its comprehensive coverage. Both jurisdiction and choice of law are addressed in all their aspects…What is on offer is also a very thorough reflection on the fundamental issues involved and on all potential solutions. Achieving that in a comprehensive manner for the whole field concerned is the real merit of this book and its contributors.” –  Professor Paul L. C. Torremans, European Intellectual Property Review, Vol 28, Issue 5

“…provides valuable insights and perspectives…The text, in its focus on intellectual property and private international law, is highly relevant and worth acquiring due to the proliferation of transborder disputes…The compendium serves as a valuable resource for continued study….the achievement of this publication is clear, in providing a substative analytical compendium of papers.” –  Laurence Seidenberg, www.globallawbooks.org

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