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In this timely and readable volume, law professor Aaron Schwabach explores the three traditional categories of intellectual property?copyright, patent, and trademark. He traces their historical development from medieval times to the present and observes how intellectual property law has responded to successive waves of technological change. Intellectual Property examines all sides of current controversies and crises in this fast-changing field, particularly those resulting from the digital information revolution. Because ideas are not constrained by national borders, the author focuses on intellectual property, including trade secrets, as an international phenomenon, emphasizing the experiences and contributions of a wide variety of countries and cultures. An essential resource for students and researchers?and anyone else who needs to know how to use and/or protect intellectual property.

1 -- Introduction -- 2 -- Achievement of objectives -- 3 -- Procedural foundations -- 4 -- Interpretation of TRIPS -- 5 -- Relation of TRIPS to other WTO agreements -- 6 -- Remedies -- 7 -- Non-violation and situation complaints -- 8 -- Conclusions -- Appendix: case summaries -- Index.

With a Foreword by Professor Gudmundur Alfredsson, former Chair of the Advisory Board of the Worldwide Academy of WIPO This book is the first to examine the international intellectual property (IP) legal regime from the perspective of human security. The latter encompasses legal, development and human rights dimensions which, it is argued, must be integrated into the fabric of the IP regime. Fundamental human rights such as the right to life, to health and to food, which form part of an umbrella 'right to development', must increasingly inform the crafting of IP policies and laws at the national and international level. The author, building on previous work on IP law and security, contributes to elucidating the multi-faceted relationship between IP and human security, which encompasses linkages between law, human rights, development and IP. The book captures the dramatic calls by developing countries and indigenous peoples for a more balanced intellectual property regime that allows for maximum use of flexibilities that cater to their developmental priorities. In this connection, the book discusses the roles of international business organizations (IBOs) and of the World Intellectual Property Organization (WIPO) in advancing a development oriented IP system. It proposes practical principles for IBO's and it recommends the formation of an 'International Equity Panel' within WIPO. This book will be of interest to IP and human rights scholars, international law and relations specialists and international security analysts, in particular those interested in non-traditional security issues. It may also serve as resource book for the international business community on developmental and human rights aspects of IP

SECTION I: GENERAL OVERVIEW 1. LEGAL SOURCES 1.1. Intellectual Property 1.1.1. International Conventions 1.1.2. EU Law: Approximation of Laws and Community Rights 1.1.3. National Legislation 1.1.4. Institutional Competences 1.2. International Jurisdiction 1.2.1. EU Law: Scope of Application and Grounds of Jurisdiction 1.2.2. International Conventions 1.2.3. National Legislation 1.3. Choice-of-Law 1.3.1. International Conventions 1.3.2. EU Law: Implications of the new Regulations 1.3.3. National Legislation 1.4. Recognition and Enforcement of Foreign Judgments 1.4.1. International Conventions 1.4.2. EU Law 1.4.3. National Legislation 2. INTELLECTUAL PROPERTY AND PRIVATE INTERNATIONAL LAW 2.1. International Jurisdiction 2.1.1. Infringement Claims 2.1.2. Contractual Disputes 2.1.3. Exclusive Jurisdiction on Validity of Rights Subject to Registration 2.2. Applicable Law 2.2.1. Infringement of IP Rights 2.2.2. Territoriality and lex loci protectionis 2.2.3. Contracts Relating to Intellectual or Industrial Property Rights 2.3. Recognition and Enforcement of Judgments 2.3.1 Procedural Issues 2.3.2 Grounds for Non-Recognition SECTION II: HYPOTHETICAL CASE STUDIES Case 1. General Special Grounds of Jurisdiction Case 2. Subject-Matter Jurisdiction Case 3. Consolidation of Proceedings Case 4. Choice of Court Case 5. Parallel Proceedings Case 6. Principle of Territoriality (Choice of Law) Case 7. Infringement of Intellectual Property Rights Case 8. Applicable Law to Initial Ownership Case 9. Applicable Law to the Transfer of Rights Agreements Case 10. Recognition and Enforcement of Foreign Judgments Case 11. Provisional Measures and Injunctions