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International Litigation in Intellectual Property and Information Technology (Hardcover)
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International Litigation in Intellectual Property and Information Technology (Hardcover)
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"International Litigation in Intellectual Property and Information
Technology" - Editor: Arnaud Nuyts, Co-Editors: Nikitas
Hatzimihail, Katarzyna Szychowska. The pressure to develop an
intellectual property litigation framework at a supranational level
is enormous. The tensions among technological change, the forces of
an ever-more global market, the quest of market actors for tactical
advantage and of legal actors for equitable solutions, and the
ever-present imperative of the principle of economy in judicial
proceedings all cry out for resolution. In the progress toward this
framework, the fourteen leading authorities who have put this
remarkable symposium together show that European Community law, and
particularly its effect on judicial cooperation among Member States
in civil and commercial matters, has led and continues to lead the
way.This is the first book to emphasize the role of the judicial
cooperation aspect of cross-border intellectual property
litigation. Starting from European private law as it is currently
evolving, the authors focus intensively on the issues surrounding
such central questions as the following: how different should the
treatment of IP litigation be from other transnational private
activity? How different should the treatment of different IP forms
be, at least from a private international law perspective? How do
the answers to these questions relate to methodological shifts
within the discipline of private international law itself?How
should the doctrinal solutions we give integrate substantive values
such as the EC basic freedoms or new ideas about the meaning of
property in the context of intellectual works? What should the
relationship be between the rules on jurisdiction and the rules on
applicable law? How global or how distinct do we want the European
legal regime in this area to be? What should be the coordination
and/or allocation of competences between the various international
institutions and instruments?The wide-ranging analyzes presented
here will contribute substantially to the establishment of a common
frame of reference among intellectual property lawyers and private
international lawyers, across the EU and on a global scale. For
policymakers, practitioners, and academics in international IP law,
this book offers food for thought for legislative projects, reviews
and renews doctrines in private international law and the
transnational legal treatment of intellectual property, and affirms
a forward-looking dialogue on these crucial matters.
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