Suchergebnisse

List of Abbreviations --Preface --Introduction --Intellectual Property, Agreements Relating to It and Disputes that Arise as to It or under Such Agreements --Benefits and Limitations of International Arbitration for IP Disputes --Arbitrability of IP Disputes --Legal and Regulatory Framework of an IP Arbitration --Arbitration Agreements --The Arbitral Tribunal --Organization and Conduct of Arbitral Proceedings and the Taking of Evidence --Confidentiality of Arbitral Proceedings --The Making, Setting Aside, Recognition and Enforcement of Arbitral Awards --IP Mediation --Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), 1958 --WIPO Arbitration Rules 2002 English --WIPO Expedited Arbitration Rules 2002 English --WIPO Mediation Rules, 2002.

This volume examines intellectual property (IP) protection in the broader context of international law. Against the background of the debate about norm relations within and between different rule systems in international law, it construes a holistic view of international IP law as an integral part of the international legal system

"Reforming Intellectual Property brings together 19 of the world's leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy. Examining the question of what changes to IP law and policy are most urgent and would have the most impact, chapters cover a wide range of subjects, with some focusing on specific topics such as the reform of non-traditional trademarks, or the fair use and research exemption in patent law. Other contributions take a broader approach, such as a reappraisal of performers' rights in audio and audiovisual media that encompasses implications for creativity, welfare and ethics in the film industry, and a proposal for the creation of an International Intellectual Property Treaty. This book will prove to be crucial reading for all scholars and students of IP law, as well as policymakers and practitioners in the field. It will also be of interest to researchers working in related fields such as competition and human rights law for its intersecting analysis of these areas"--

Intellectual property rights such as patents can reduce access to knowledge in genetics, health, agriculture, education and information technology, particularly for people in developing countries. Global Intellectual Property Rights shows how the new global rules of intellectual property have been the product of the strategic behaviour of multinationals, rather than democratic dialogue. The final section of the book suggests strategies aimed at developing more flexible standard for poor countries, and for keeping knowledge in the intellectual commons.

"Intellectual Property Regulation under International Law" published on by Oxford University Press.

This comprehensive Handbook provides an in-depth analysis of the origin and main substantive provisions of the TRIPS Agreement, the most influential international treaty on intellectual property currently in force. A uniquely qualified set of academics and experts from around the world discuss the historical context in which the Agreement was negotiated, its basic principles and the nature of the obligations it creates for WTO members. Together with the second volume - Research Handbook on the Interpretation and Enforcement of Intellectual Property under WTO Rules - it also examines the minimu

The new edition of this highly regarded work has been fully updated to encompass major developments in the law. The disciplines of intellectual property and private international law are increasingly obliged to cooperate with the other. This book deals with these matters in a comprehensive way and in doing so it adopts a comparative approach.

The article highlights the comparative analysis of the conflict-of-laws regulation of intellectual property rights in international, European and Russian law. It is concluded that lex loci protectionis as the main conflict-of laws rule in this area has an ambiguous interpretation, cannot be recognized as lex fori – the law of the country where the competent court is seated, but should be generally understood as the law of the country where the legal protection of the relevant intellectual property object is provided. In addition, in some cases it seems reasonable to apply lex loci originis, lex loci actus and lex loci delicti, as well as lex voluntatis and lex loci solutionis – to contractual relations. In the case of non-contractual infringement of intellectual property rights granted and protected on the territory of several states, including on the Internet, the key issue is to establish the closest connection of the civil legal relationship with a particular state, taking into account various factors (the place of origin or registration of an intellectual property object, the place of committing infringement, the place of occurrence of negative consequences for the intellectual right holder, the orientation of a website to a specific state, the location of a competent court, etc.).
It is also argued to enshrine the provisions on the intellectual property statute in Section VI "Private International Law" of the Civil Code of the Russian Federation, including the following issues of its scope: a) authorship; b) types of protected intellectual property objects; c) requirements for the legal protection of intellectual property objects, including registration issues and other formalities to be executed; d) the types, content and effect of intellectual rights arising in relation to intellectual property objects, including the restrictions provided by law and the duration of legal protection; e) the emergence, exercise and termination of intellectual rights, including permissible ways of disposing of them; f) non-contractual protection of intellectual rights.

Co-published by WIPO and the Hague Conference on Private International Law, this guide is a pragmatic tool, written by judges, for judges, examining how private international law operates in intellectual property (IP) matters. Using illustrative references to selected international and regional instruments and national laws, the guide aims to help judges apply the laws of their own jurisdiction, supported by an awareness of key issues concerning jurisdiction of the courts, applicable law, the recognition and enforcement of judgments, and judicial cooperation in cross-border IP disputes.