Intellectual property and private international law : comparative perspectives / / edited by Toshiyuki Kono

• Record Nr.: UNINA9910786488703321
• Pubbl/distr/stampa: Oxford ; ; Portland, Oregon : , : Hart Publishing, , 2012
• ISBN: 1-84731-970-X; 1-4725-6610-6; 1-283-73961-5; 1-84731-969-6
• Edizione: [1st ed.]
• Descrizione fisica: 1 online resource (1141 p.)
• Collana: Studies in private international law ; ; v. 10
• Disciplina: 346.048
• Soggetti: Conflict of laws - Intellectual property; Intellectual property
• Lingua di pubblicazione: Inglese
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Note generali: "Intellectual property and private international law was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington (July 2010). This volume contains the General Report and 20 National Reports covering Canada, US, Japan, Korea, India and a number of European countries"--Book jacket.
• Nota di bibliografia: Includes bibliographical references and index.
• Nota di contenuto: General report / Toshiyuki Kono and Paulius Jurcys -- Intellectual property and private international law : legal and institutional background -- The principle of teritoriality of IP rights and the Lex Protectionis -- Personal jurisdiction in IP cases -- Exclusive/subject-matter jurisdiction -- Jurisdiction in IP infringement disputes -- Jurisdiction in contract-related disputes -- Consolidation of proceedings -- Parallel proceedings in IP disputes -- Jurisdiction to order provisional or protective measures in IP disputes -- Choice oc court agreements in cross-border IP disputes -- Applicable law to proprietary matters of IP rights -- Applicable law to infringement of IP rights -- Applicable law to the contracts for the transfer of IP rights -- Applicable law to IP rights created in the course of employment relationship -- Applicable law to securities in IP -- Recognition and enforcement of foreign judgments.
• Sommario/riassunto: "Intellectual property and private international law' was one of the ; subjects discussed at the 18th International Congress of Comparative Law held in Washington (July 2010). This volume contains the General Report and 20 National Reports covering Canada, US, Japan, Korea, India and a number of European countries (Austria, France, Germany, UK, Spain etc). The General Report was prepared on the basis of National Reports. The national reporters not only describe the existing legal framework, but also provide answers for up to 12 hypothetical cases concerning international jurisdiction, choice-of-law and recognition and enforcement of foreign judgments in multi-state IP disputes. Based on their answers the main differences between legal systems as well as the shortcomings of the cross-border enforcement of IP rights are outlined in the General Report. The Reports in this volume analyse relevant court decisions as well as recent legislative proposals (such as the ALI, CLIP, Transparency, Waseda and Korean Principles). This book is therefore a significant contribution to the existing debate in the field and will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context."--Bloomsbury Publishing.