Intellectual Property And International Dispute Resolution

Author : Christopher Heath
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041191127
Total Pages : 384 pages
Book Rating : 4.20/5 ( download)

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Download or read book Intellectual Property and International Dispute Resolution written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2019-08-31 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Christopher Heath is a judge at the Boards of Appeal of the European Patent Office and former researcher of the Max Planck Institute in Munich. Anselm Kamperman Sanders is Professor of Intellectual Property Law and Director of the IPKM Master’s Programme at Maastricht University, the Netherlands. About this book: Intellectual Property and International Dispute Resolution, the first in-depth treatment of the interface between intellectual property rights and international dispute resolution. The book highlights the different mechanisms of international dispute settlement, having particular regard to cases involving intellectual property law. Investor dispute tribunals, as provided for in many bilateral and multilateral trade agreements, are suspected of intransparency, because proceedings are not public, of unequal treatment, because they give foreign investors a right of action where domestic investors would have none, and of undermining democracy, because they allow democratically enacted laws to be challenged with no possibility of appeal. What’s in this book: In this important book, a number of prominent legal scholars and practitioners examine the extent to which challenges against domestic legislation based on an alleged direct or indirect expropriation of intellectual property rights may be justified. The contributions cover such aspects as: history and current practice of international dispute resolution; direct application of international agreements by national courts; comparison of investor dispute settlement tribunals with other fora such as the WTO or domestic courts for determining compliance with international intellectual property standards; what can be considered ‘investment’ and ‘expropriation’ in the field of intellectual property; legislative freedom to operate when limiting intellectual property rights, particularly in the field of health and safety; and how societal interests could influence future legislation in the field of intellectual property law. One major focus of the book are the challenges against tobacco plain packaging legislation before domestic and international courts and tribunals and their outcome. How this book will help you: The book’s detailed analysis of the nature of investor dispute tribunals and how they may conflict with public interests – and its exploration of possible alternatives – is sure to be of great interest to internationally operating companies, policymakers, practitioners and scholars in both international trade law and intellectual property law.

Author : Thomas D. Halket
Publisher : Juris Publishing, Inc.
ISBN 13 : 193383367X
Total Pages : 652 pages
Book Rating : 4.75/5 ( download)

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Download or read book Arbitration of International Intellectual Property Disputes written by Thomas D. Halket and published by Juris Publishing, Inc.. This book was released on 2012-05-01 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Arbitration of International Intellectual Property Disputes, which is designed not only for arbitration counsel and arbitrators but also for in-house counsel and transactional lawyers, provides a thorough guide to the use of arbitration to resolve these disputes. Both practical as well as scholarly, it starts by exploring how and why arbitration can provide the best way to resolve these disputes and how to draft an effective arbitration provision. It then covers the principal unique issues which can arise in the arbitration itself, from choosing the tribunal through confidentiality, discovery, validity determinations, choice of law, provisional and final remedies and enforceability. With the world more and more dependent upon technology of all types, the continued and growing importance of intellectual property cannot be understated. There has been, and will continue to be, an accompanying explosion in the number and complexity of transactions in which intellectual property is a critical, if not the critical, element. Many of these transactions cross national boundaries; as do the disputes which inevitably arise from them. But international intellectual property disputes present complexities not encountered in either intellectual property disputes which are confined to one country or other international commercial disputes. The Arbitration of International Intellectual Property Disputes will serve as a handy reference and guide for navigating through the complex maze of intellectual property and arbitration.

Author : Trevor Cook
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127259
Total Pages : 498 pages
Book Rating : 4.59/5 ( download)

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Download or read book International Intellectual Property Arbitration written by Trevor Cook and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: More and more, intellectual property disputes tend to be multijurisdictional in nature, and parties everywhere are turning to international arbitration as the most promising means of resolution. Although these two legal specialisms ' intellectual

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 :
Total Pages : 85 pages
Book Rating : 4./5 ( download)

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Download or read book WIPO Guide on Alternative Dispute Resolution (ADR) Options for Intellectual Property Offices and Courts written by World Intellectual Property Organization and published by WIPO. This book was released on 2018-09-25 with total page 85 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Guide is designed to provide an overview of ADR processes for IP disputes.

Author : Alice Kelly
Publisher : Editora Dialética
ISBN 13 : 6525298970
Total Pages : 84 pages
Book Rating : 4.79/5 ( download)

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Download or read book Manual of Mediation and Arbitration in Intellectual Property written by Alice Kelly and published by Editora Dialética. This book was released on 2023-06-30 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Manual of Mediation and Arbitration in Intellectual Property: Model for Developing Countries, written by Alice Kelly, this book is for students, professionals, and researchers who perform their services in the Intellectual Property field. The book offers a practical and innovative approach for Alternative Dispute Resolutions (ADR), with solid examples, and clear orientations about arbitration and mediation practices. This book also contributes for the dissemination of knowledge on the Intellectual Property Dispute Resolution.

Author : Mary Ellen O'Connell
Publisher :
ISBN 13 : 9781594609046
Total Pages : 0 pages
Book Rating : 4.47/5 ( download)

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Download or read book International Dispute Resolution written by Mary Ellen O'Connell and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twenty-first century lawyers practice law in a global village. They represent clients in negotiations for oil concession leases. They attend international treaty negotiations on behalf of sovereign states and environmental NGOs. They act as mediators in international child custody disputes and arbitrators for title to artworks displaced in war. They search the world for the right forum to bring claims for human rights violations, piracy prosecutions, and intellectual property protection. The successful 21st century lawyer is prepared to practice international dispute resolution, and this book is designed to assist in that preparation. It is a comprehensive treatment of the full range of dispute resolution processes, including negotiation, mediation, inquiry, conciliation, arbitration, and adjudication. The second edition updates and expands the first edition. It includes additional materials on international commercial arbitration as well as recent decisions of the United States Supreme Court, the International Court of Justice and the International Centre for the Settlement of Investment Disputes. New problems have been added and reading lists have been revised. Despite the new additions, the book remains highly teachable in a two or three credit-hour format. The law book market has many titles on arbitration and transnational litigation. This is the only casebook, however, that introduces students to all of the dispute resolution mechanisms available internationally. Lawyers today need this information as much as they need the standard first year required course on civil procedure.

Author : Simon Klopschinski
Publisher : Edward Elgar Publishing
ISBN 13 : 180037836X
Total Pages : 603 pages
Book Rating : 4.60/5 ( download)

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Download or read book Research Handbook on Intellectual Property Rights and Arbitration written by Simon Klopschinski and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Intellectual Property Rights and Arbitration explores the complementary relationship between state court adjudication and arbitral proceedings in the context of intellectual property rights. Presenting contemporary research and insight into the scholarly debates on the topic, it provides a comprehensive overview of arbitrating intellectual property disputes on an international scale.

Author : Theophile Margellos
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041188215
Total Pages : 290 pages
Book Rating : 4.12/5 ( download)

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Download or read book Mediation written by Theophile Margellos and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disputes about intellectual property (IP) rights are frequently multinational, with allegations of infringement and arguments about validity and ownership spanning numerous jurisdictions. As an alternative to expensive, risk-prone and time-consuming litigation, out-of-court settlements conducted through mediation are becoming more common, with the added advantage that they are not tied to the geographical scope of the IP rights at stake. This book is the first work of its type devoted to the practical A to Z of IP mediation. It is written in a reader-friendly style which makes it accessible to a wide readership. With numerous case study examples demonstrating the kind of challenges that arise and how they can be met, a team of internationally recognized mediators and IP experts offers in-depth discussion of how mediation mitigates difficulties in such IP areas as the following: • disputes on trademarks, designs, patents, copyrights and other IP rights; • allegations of breach of contract; • licences and transfers; and • R&D cooperation agreements. The authors provide analysis and recommendations about drafting settlement agreements, including standard clauses and enforcement, as well as an overview of the main mediation services which may be used to settle IP disputes. Showing how mediation offers a dispute resolution process at a human level where parties can not only discuss and resolve their differences but also create added value to the existing IP rights and the business surrounding them, the book will be warmly welcomed by lawyers, both in-house and outside counsels, IP professionals in general and rights holders and licensees.

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 9280512714
Total Pages : 170 pages
Book Rating : 4.17/5 ( download)

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Download or read book WIPO Guide on the Licensing of Copyright and Related Rights written by World Intellectual Property Organization and published by WIPO. This book was released on 2004 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: The WIPO Guide provides a practical overview of licensing of copyright and related rights in a global marketplace, for literary, musical, graphic and pictorial works, motion pictures, multimedia entertainment and education products and computer software. Internationally renowned authors address each industry in turn, as well as giving an overview of the general business and legal principles involved in the licensing of copyright and related rights, and their collective management.

Author : William W. Park
Publisher : OUP Oxford
ISBN 13 : 0191634816
Total Pages : 1096 pages
Book Rating : 4.19/5 ( download)

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Download or read book Arbitration of International Business Disputes written by William W. Park and published by OUP Oxford. This book was released on 2012-09-20 with total page 1096 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversial questions in arbitration of trade, financial, and investment disputes. The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolution of arbitration's statutory and treaty framework, free trade and bilateral investment agreements, and the balance between fixed rules and arbitral discretion. The book is structured around three themes: arbitration's legal framework; the conduct of arbitral proceedings; and a comparison of arbitration in specific fields such as finance, intellectual property, and taxation. In each of these areas, analysis includes the tensions between fairness and efficiency, and the accurate application of substantive law as well as the implications of mandatory procedural norms. Augmented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all of its earlier practical and scholarly relevance, and includes a Foreword by V. V. (Johnny) Veeder QC.