|
Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Intellectual property, copyright & patents
|
Buy Now
Enforcement of Intellectual Property Rights in Dutch, English and German Civil Procedure (Hardcover, 2nd ed.)
Loot Price: R5,786
Discovery Miles 57 860
|
|
|
Enforcement of Intellectual Property Rights in Dutch, English and German Civil Procedure (Hardcover, 2nd ed.)
Series: International Competition Law Series
Expected to ship within 10 - 15 working days
|
Recital 7 of the EU Directive on the Enforcement of Intellectual
Property Rights (Directive 2004/48/EC) argues that 'the disparities
between the systems of the Member States as regards the means of
enforcing intellectual property rights are prejudicial to the
proper functioning of the internal market'. Accordingly, the
Directive obliges Member States to seek to achieve 'partial
harmonization' of the remedies, procedures and measures necessary
to enforce intellectual property law. These obligations provide a
minimum standard which must be fulfilled by the Member States in
the course of their implementation of the Directive. This book
examines the scope of the Member States' obligations to implement
the Directive and provides valuable guidance regarding the
interpretation of the provisions therein. If there really is, as
the European Commission contends, an 'enforcement deficit' in the
protection of intellectual property rights by national rules of
procedure, then the most effective approach, Cumming shows, is
through the principles of legal certainty, full effect, and
effective judicial protection. These principles will assist the
national court in interpreting the precise meaning of the
substantive obligations under the Directive. The three authors'
vastly detailed, article-by-article analysis of the fortunes of the
IP Enforcement Directive in three EU jurisdictions offers
enormously valuable insights into the complex ways Member States
respond to Community law, and in so doing provides an important
addition to the ongoing inquiry into the nature of the reciprocal
tensions between EU law (both judicial and legislative) and the
laws of Member States. More than once, the authors argue that
implementation is inadequate, either because the pre-existing
legislation constitutes inadequate legislation or because the
specifically adopted legislation proves to be legally uncertain.
Drawing on the tenor of ECJ law that national procedural rules
should not present an obstacle to adequate judicial protection, the
authors examine the available options for an interpretation of
national law which is consistent with the requirements of the IP
Enforcement Directive. They further consider whether an eventual
claimant, who has suffered loss and damage caused by either the
non-implementation or the incorrect implementation the Directive,
may bring an action against the State for breach of Community
law.The authors present their analyses of the implementation of the
Directive in Dutch, English and German national procedure as three
separate cases rather than comparatively, as any attempt to compare
either the method of national implementation or the degree of
adequacy or inadequacy inevitably obscures the essential
particularities of each of the three national systems in relation
to the Directive. Although this book will repay the study of anyone
interested in European law, it will be of special value to
practitioners and policymakers engaged in intellectual property
law, particularly in EU Member States.
General
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!
|
You might also like..
|
Welcome to Loot.co.za!
Sign in / Register |Wishlists & Gift Vouchers |Help | Advanced search
