Intellectual Property and Private International Law (eBook, PDF)

Heading for the Future
Redaktion: Drexl, Josef; Kur, Annette

• Format: PDF

Produktbeschreibung

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).

Produktdetails

• Verlag: Bloomsbury UK
• Seitenzahl: 384
• Erscheinungstermin: 23. Februar 2005
• Englisch
• ISBN-13: 9781847312419
• Artikelnr.: 37969152

Autorenporträt

Dr Josef Drexl is a Director of the Max Planck Institute for Intellectual Property and Competition Law in Munich. Professor Kur is section head for Scandinavian countries at the Max Planck Institute for Intellectual Property and Competition Law, Munich.

Inhaltsangabe

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