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'This book fills a gap in IP law. There are many publications on
substantive and procedural law in IP litigation. But it was
impossible to find a book that addresses the role of the judiciary
in IP like this one does. It provides unique insights into the
matter from a variety of angles. It brings together editors and
authors from the bench, the bar and academia coming from all over
Europe, the US and Japan. This book is a must-have for everyone who
has an interest in international IP litigation.' - Klaus Grabinski,
Justice, Federal Court of Justice (Bundesgerichtshof), Germany
'This volume makes an important contribution to our understanding
of the contours of intellectual property protection through a
critical examination of the global trend to adjudicate IP disputes
in specialized courts. The editors have assembled an extraordinary
group of scholars, practitioners and judges to compare their
experiences with various adjudicatory structures.' - Rochelle
Dreyfuss, New York University, School of Law, US Intellectual
Property and the Judiciary examines the role of judges in the
development, interpretation, and application of intellectual
property (IP) law and norms. In this regard, the authors engage in
a comparative analysis of various national, European and
international court systems while also exploring the competing and
complementary roles of legislators and executive actors. Each
chapter seeks to capture the comparative institutional advantages
of government bodies within existing legal frameworks as well as
offering a thorough examination of both the common law and civil
law traditions in the context of judicial treatment of IP. The
result is a series of proposals relating to the architecture of
judiciaries and the functional role of judges with the goal of
optimally positioning jurists to address complex issues and advance
IP doctrine and policy. Featuring high-level authors from both
academia and practice, the book will be of great interest to
academic researchers and practicing lawyers who have a focus on IP.
It will be of particular value to those who are engaged in the
rapidly changing enforcement environment of intellectual property
rights. Contributors include: V. Cassiers, M. Ekvad, S. Frankel, C.
Geiger, D. Gervais, S. Granata, J. Griffiths, E. Izyumenko, T.
Kandeva, S. Lugienbuehl, B. Lynn, S. Martin, C. Mulder, M.O.
Muller, C. Nard, K. O'Malley, C.S. Petersen, A. Plomer, J.
Schovsbo, X. Seuba, A. Strowel, T. Takenaka, A. von Muhlendahl, G.
Wurtenberger, P. Yu
This book comprises chapters by leading international authors
analysing the interface between intellectual property and foreign
direct investment, development, and free trade. The authors search
for a balance between the conflicting interests that inherently
coexist in intellectual property law. The chapters dig deep into
the subjects and notions that have become central in international
intellectual property legal developments: i) flexibility, public
interest and policy-space for implementation; ii) interfaces
between the intellectual property regime and other legal regimes;
and iii) the development of international intellectual property law
and its influence on national legal orders, which includes the
implementation of intellectual property undertakings.
In The Global Regime for the Enforcement of Intellectual Property
Rights, Xavier Seuba offers a comprehensive description of the
international norms and bodies dealing with the enforcement of
intellectual property rights. The book analyzes multilateral,
plurilateral, and bilateral treaties, and their national
implementation, along with civil, border, and criminal enforcement.
The book also explores the interface between the enforcement of
intellectual property rights and the norms regulating international
trade, competition, and human rights, as well as the conceptual and
systemic aspects of enforcement, while illustrating the importance
of these rights with examples in litigation. The book should be
read by anyone interested in how intellectual property rights are
being enforced around the world, and how these efforts relate to
other legal regimes.
The Anti-Counterfeiting Trade Agreement (ACTA) is the most
important effort undertaken to lay down a plurilateral legal
framework for the enforcement of intellectual property rights. With
the view to learn more about the origins of this treaty, the
process leading to its conclusion and its implications for law
making in this field, The ACTA and the Plurilateral Enforcement
Agenda: Genesis and Aftermath analyses in great depth both the
context and the content of the agreements. In order to attain this
objective, a large and diverse group of experts - renowned
scholars, policy makers, civil society and industry actors - who
represent different perspectives on the necessary balance between
intellectual property enforcement and other economic and social
interests have been gathered together. This book is the most
comprehensive analysis of ACTA, and of its relation with ongoing
initiatives to improve enforcement of intellectual property and
norms pertaining to a range of international legal regimes,
conducted so far.
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