The Practice and Effectiveness of International Dispute Resolution Platforms in the Protection of Intellectual Property Rights PDF Download
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Author: Dik Hong Duncan Ho
Publisher:
ISBN:
Category : Intellectual property (International law)
Languages : en
Pages :
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Book Description
Author: Dik Hong Duncan Ho
Publisher:
ISBN:
Category : Intellectual property (International law)
Languages : en
Pages :
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Book Description
Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280532669
Category : Law
Languages : en
Pages : 85
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Book Description
This timely publication analyses the results of a survey carried out by WIPO, with the financial support of the Ministry of Culture, Sports and Tourism of the Republic of Korea (MCST), on the current use of alternative dispute resolution (ADR) mechanisms to handle business-to-business disputes related to digital copyright and digital content. Drawing on more than 1,000 responses from a wide range of stakeholders in 129 countries, the report is a unique source of information on which to base the development of tailored ADR mechanisms.
Author: Theophile Margellos
Publisher: Kluwer Law International B.V.
ISBN: 9041188215
Category : Law
Languages : en
Pages : 290
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Book Description
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: Alice Kelly
Publisher: Editora Dialética
ISBN: 6525298970
Category : Law
Languages : en
Pages : 84
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Book Description
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: Leonardo de Oliveira
Publisher: Kluwer Law International B.V.
ISBN: 9403506814
Category : Law
Languages : en
Pages : 421
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Book Description
Access to Justice in Arbitration Concept, Context and Practice Edited by Leonardo V P de Oliveira & Sara Hourani The exponential growth of arbitration beyond commercial and investment matters, reaching disputes that have traditionally been decided by courts – such as labour and employment, sports, and competition disputes, and those involving human rights violations – raises questions about the impact of this expansion on access to justice. This collection of essays by arbitral practitioners, academics, and arbitral institution officials presents, for the first time, an in-depth analysis of the role access to justice plays in arbitration. Overall, the book assesses how access to justice can be guaranteed in arbitration and, in particular, shows how access to justice works in various types of arbitration. The book and its contributions will be of immeasurable value in determining the practical application of such concerns as the following: when issues of access to justice can be raised in arbitral disputes and when violations of access to justice can be challenged; ramifications of arbitration clauses in contracts; ensuring fairness and efficiency arising from technological innovations applied to arbitration; legal framework applicable to online dispute resolution and blockchain-based arbitration, especially with regard to recognition and enforcement; and access to justice in arbitrations involving sexual harassment. The book concludes with three chapters on access to justice under the rules of arbitral institutions as revealed by studies of the World Intellectual Property Organisation, the Singapore International Arbitration Centre, and the International Centre for Settlement of Investment Disputes. Arbitration provides a final binding decision that can be challenged on very limited grounds; thus, with arbitration settling disputes that were originally a prerogative of the judiciary, securing fairness in such procedures is paramount to the survival of arbitration. For this reason, arbitration practitioners, institutions, and academics will appreciate this deeply-informed analysis and commentary on a crucial aspect of a highly significant and rapidly evolving area of practice.
Author: World Intellectual Property Organization
Publisher: WIPO
ISBN:
Category : Law
Languages : en
Pages : 11
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Book Description
This Brief introduces how alternative dispute resolution offers an alternative to formal court-based systems for tackling intellectual property disputes that may arise in relation to traditional knowledge, traditional cultural expressions and genetic resources.
Author:
Publisher:
ISBN:
Category : Dispute resolution (Law)
Languages : en
Pages : 20
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Book Description
Author: Shayerah Ilias
Publisher: Nova Publishers
ISBN: 9781604565621
Category : Business & Economics
Languages : en
Pages : 84
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Book Description
Introduction -- Intellectual property rights basics -- Global intellectual property holdings -- Contribution of intellectual property to U.S. economy -- The organized structure of IPR protection -- U.S. trade law -- Issues for Congress.
Author: Jayashree Watal
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 536
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Book Description
Although it is common knowledge that the compliance of developing countries with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has become a serious stumbling block in the WTO agenda, the underlying reasons why this is so have not been dispassionately analyzed until the appearance of this book. Here, for the first time, is a thorough and secure foundation on which international trade lawyers and business people can build a global intellectual property regime that is both productive and fair. The implementation of the TRIPS regime with its enormous effect on national and global strategies for healthcare, agriculture, and the environment, among other crucial sectors of the world economy is clearly among the most critical projects currently under way in the field of international relations. As a former TRIPS negotiator for India, Jayashree Watal brings great authority to her account of the benefits and pitfalls of TRIPS compliance for developing countries. She provides a detailed understanding of how TRIPS was negotiated at the Uruguay Round, how various countries have implemented it so far, and how the WTO monitors compliance. She reveals how the WTO dispute settlement process has worked to date in matters involving TRIPS, and how it is likely to deal with new issues that arise. Most importantly, she explains how developing countries can interpret TRIPS to their best advantage, and how to ensure that the `constructive ambiguity' that characterizes the agreement remains flexible.
Author: M. Craig Tyler
Publisher:
ISBN: 9780314195555
Category : Copyright
Languages : en
Pages : 0
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Book Description
Intellectual Properly Dispute Resolution is an authoritative, insider's perspective on best practices for assisting clients in resolving intellectual property disputes through ADR. Featuring legal experts from some of the nation's leading firms and law schools, these thought leaders guide the reader through the process of utilizing arbitration or mediation in order to avoid bringing an IP dispute case to trial. Discussing the importance of pursuing the most appropriate form of ADR. selecting the right mediator or arbitrator, and hiring knowledgeable expert witnesses, the authors illustrate a step-by-step plan for preparing a client's ease and ensuring a successful outcome for all parties. These top lawyers give tips on analyzing and weighing the risks of using ADR versus going to court, creating reasonable expectations for one's client, interpreting contract clauses, and negotiating settlements. Additionally, these leaders reveal the differences among the various types of intellectual property disputes, including trademarks, patents, copyrights, trade secrets, and domain names, and how one's strategy must change to meet the needs of each form. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to success within this constantly-changing field.
