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Intellectual Property and Private International Law (3rd Edition)

Paul L. C. Torremans

Abstract

Intellectual property has traditionally been regulated on a territorial basis. However, the protection and commercial exploitation of intellectual property rights such as patents, trade marks, designs, and copyright occurring across borders are now seldom confined to one jurisdiction. Nationally protected trade marks are now used globally on websites and copyright material is distributed, communicated, and copied in a world without borders. Patents have already been licensed on a transnational basis for several decades. This book considers how the introduction of a foreign element inevitably raises potential problems of private international law, ranging from establishing which court has jurisdiction and which is the applicable law to securing the recognition and enforcement of foreign judgments. As such, intellectual property and private international law, two distinct legal disciplines, are increasingly obliged to cooperate. This new edition encompasses the numerous and sometimes major legal developments seen over the past 12 years: the new Court of Justice of the European Union case law on Article 7.2 Brussels I Regulations, and its divergent approach to Eurasian Economic Union intellectual property rights; 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 the implications of Britain's departure from the European Union. The book is a systematic and comprehensive analysis of the topic that will be welcomed by practitioners and scholars alike.

Bibliographic Information

Paul L. C. Torremans, author


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Contents