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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 40
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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 40
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Author: J. J. Fawcett
Publisher: Oxford University Press
ISBN: 9780198262145
Category : Law
Languages : en
Pages : 846
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Book Description
The protection and commercial exploitation of intellectual property rights such as patents, trade marks, designs and copyright are seldom confined to one country and the introduction of a foreign element inevitably raises potential problems of private international law, ranging fromestablishing which court has jurisdiction and which is the applicable law to securing the recognition and enforcement of foreign judgments. For example, will a foreign defendant be subject to the jurisdiction of the English courts if he induces his English distributor to infringe a patent inEngland? What law will apply to a trade mark licensing agreement made between a German company and a French company where the parties have not expressly chosen whose law governs their contract? And are an author's rights determined by the same law as that governing the issue of the transferabilityof copyright? Although such issues are becoming increasingly important, a dearth of literature exists on the subject. Fawcett and Torremans remedy that neglect and provide a systematic and comprehensive analysis of the topic that will be welcomed by practitioners and scholars alike. From the authors' preface This book is concerned with the application of the rules of private international law to intellectual property cases. Private international lawyers have largely ignored this topic, and it has been left to intellectual property lawyers to discuss this. This is a pity. It is a topic which raisesunique questions for the private international lawyer which deserve an answer, and at the same time tells us much about the rules of private international law that are being applied. The aim of the book is to fill this gap in the literature. The emphasis in the book is on private international lawrather than on intellectual property law. Nonetheless, it is hoped that intellectual property lawyers will find much to interest them here Most of the book is taken up with a discussion of the relevant rules of private international law and their application in the context of intellectual property law. A major theme of the book is the extent to which there are special rules of private international law for this area and whether thereshould be such rules. Alternative private international law solutions will be considered by looking at the law in other jurisdictions and, where appropriate, proposals will be put forward for a better solution This book is part of the Oxford Monographs in Private International Law series, the aim of which is to publish work of high quality and originality in a number of important areas of private international law. The series is intended for both scholarly and practitioner readers.
Author: United States. Court of Appeals (Federal Circuit)
Publisher:
ISBN:
Category : Customs administration
Languages : en
Pages : 372
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Author: United States. Federal Trade Commission
Publisher:
ISBN:
Category : Competition, Unfair
Languages : en
Pages : 952
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Author:
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 1184
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Book Description
Author: Tonya L. Putnam
Publisher: Cambridge University Press
ISBN: 131672087X
Category : Law
Languages : en
Pages : 331
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Book Description
Courts without Borders is the first book to examine the politics of judicial extraterritoriality, with a focus on the world's chief practitioner: the United States. For much of the post-World War II era, the United States has been a frequent yet selective regulator of activities outside its territory, and US federal courts are often on the front line in deciding the extraterritorial reach of US law. At stake in these jurisdiction battles is the ability to bring the regulatory power of the United States to bear on transnational disputes in ways that other states frequently dislike both in principle and in practice. This volume proposes a general theory of domestic court behavior to explain variation in extraterritorial enforcement of US law, emphasizing how the strategic behavior of private actors is important to mobilizing courts and in directing their activities.
Author: David A. Gauntlett
Publisher: Wolters Kluwer
ISBN: 1454835311
Category : Law
Languages : en
Pages : 2268
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Book Description
Insurance Coverage of Intellectual Property Assets, Second Edition is the best resource to comprehensively analyze the insurance protection issues that must be considered when an intellectual property dispute arises. From determining the scope of coverage under a policy, to tendering of a claim, to seeking remedies when coverage has been denied, this essential guidebook details the interactions among policyholders, insurers and the courts. You'll find comprehensive and timely analysis of federal and state case law and major commercial insurance policy provisions that address: The extent of insurance coverage under the andquot;advertising injuryandquot; and andquot;personal injuryandquot; provisions Language in policies that limits or excludes coverage for intellectual property claims Public policy exclusions to coverage for claims of an infringement undertaken with intent to harm Interpreting ambiguous language in insurance policies Defending a claim under a andquot;reservation of rightsandquot; and potential conflicts of interest triggered thereby Forum selection and choice of law And more. In addition, there's detailed discussion and comparison of the actual language used in most commercial insurance policies and the most recent Insurance Services (ISO) policies.
Author: Campbell McLachlan
Publisher: Oxford University Press
ISBN: 9780198259190
Category : Law
Languages : en
Pages : 298
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Book Description
The scope and application of the rules of civil jurisdiction is of immense practical importance in the conduct of transnational tort cases. Frequently such rules can dictate whether the plaintiff has an effective remedy or not and the shape of the ensuing litigation. The incidence of transborder harms is on the increase. One need only think of transboundary pollution (for example, fall-out from Chernobyl, the determination of proper forum for litigation of the Bhopal dispute); the rise in complex international fraud (Guinness, Ferranti, BCCI); the increase in scope for product liability and intellectual property litigation in international commerce; and transnational personal injury cases arising from the increased flow of persons across national borders. These practical problems give rise to difficult legal issues, which existing domestic rules of jurisdiction may be ill-equipped to resolve. In this timely collection of original articles a leading team of contributors assess existing legal provisions and examine the prospects for reform.
Author: Duncan Geoffrey Bucknell
Publisher: Oxford University Press, USA
ISBN: 0199289018
Category : Business & Economics
Languages : en
Pages : 2534
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Book Description
Focuses on: Australia, Canada, China, India, Japan, the United States, Europe, France, Germany, Italy, the Netherlands, and the United Kingdom.
Author: David A. Gauntlett
Publisher: American Bar Association
ISBN: 9781604425093
Category : Business & Economics
Languages : en
Pages : 356
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Book Description
This book addresses clients' questions regarding intellectual property insurance coverage and contains information vital to litigators who wish to use insurance to reimburse the cost of defending IP lawsuits, or obtain moneys for their settlement and/or indemnification of damage awards. The book focuses on the policy language carriers have used, how courts have interpreted these, and issues IP practitioners need to be sensitive to in litigating insurance cases.
