Intellectual Property and Private International Law, 3rd Edition

Author: James J. Fawcett; Paul Torremans
Publisher: Oxford University Press
ISBN: 9780198853312
Published In: March 2024
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The rapidly developing field of intellectual property and private international law could be difficult to navigate for practitioners and researchers because of the complex interface of the two legal disciplines. Intellectual Property and Private International Law sets out the main concepts with a comprehensive analysis of issues arising from the relationship between the two disciplines from common law, European Union and international perspectives.

This highly regarded work examines how jurisdiction is established in intellectual property disputes, how one identifies the applicable law and how to secure the recognition and enforcement of foreign judgments. This new edition encompasses the numerous, and in some cases major, legal developments seen over the past twelve years. It deals with the private international law aspects of the introduction of mandatory exemptions to the Directive on Copyright in the Digital Single Market; discusses the new Court of Justice of the European Union case law on article 7.2 Brussels I Regulations and its divergent approach to European Union intellectual property rights; covers recent EU directives and national case law, including the fundamental change in patent law that will result from the introduction of the European Patent with Unitary Effect and the Unified Patent Court; as well as elucidating the implications of Britain's departure from the European Union.
Part A: Jurisdiction
1:Creation and Validity of Intellectual Property Rights: Jurisdiction
2:Entitlement to the Grant and Ownership of Intellectual Property Rights: Jurisdiction
3:Contracts in Relation to the Exploitation of Intellectual Property Rights: Jurisdiction
4:Infringement: Preliminary Matters
5:Infringement: Jurisdiction under the European Union/ European Free Trade Association Rules
6:Infringement: Jurisdiction under the Traditional Rules
7:Infringement and Validity of Intellectual Property Rights: Jurisdiction
8:Jurisdictional Issues in Relation to European Union Rights
9:Complementary Torts and Other Causes of Action: Jurisdiction
10:Infringement, the Internet, and Broadcasting: Jurisdiction
11:Reform of Jurisdiction

Part B: The Applicable Law
12:Choice of Law Elements in the Intellectual Property Conventions
13:Creation, Scope, and Termination of Intellectual Property Rights: The Applicable Law
14:Contracts in Relation to the Exploitation of Intellectual Property Rights: The Applicable Law
15:Infringement: The Applicable Law
16:Complementary Torts and Other Causes of Action: The Applicable Law
17:Choice of Law and the Internet
18:Choice of Law Reform

Part C: Recognition and Enforcement of Foreign Judgements
19:Recognition and Enforcement of Foreign Judgements Relating to Intellectual Property
James J. Fawcett, Professor of International Commercial Law, University of Nottingham, and Paul Torremans, Professor of Intellectual Property Law, University of Nottingham
"Every one of those thousand-odd pages of text is filled with the authors' original work. There are proper tables of treaties, legislation and cases, all very necessary in a book with this extent of coverage, and a proper index." - Christopher Wadlow, European Intellectual Property Review