Conflict of Laws in Intellectual Property
The CLIP Principles and Commentary
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Product details:
- Publisher OUP Oxford
- Date of Publication 14 February 2013
- ISBN 9780199665082
- Binding Hardback
- No. of pages560 pages
- Size 253x175x35 mm
- Weight 1102 g
- Language English 0
Categories
Short description:
The Conflict of Laws in Intellectual Property (CLIP) Principles set out rules to resolve international disputes involving intellectual property rights, supplementing international and domestic law, as well as aiding lawyers to interpret the same. This work sets out the Principles alongside article-by-article analysis from authors of the Principles.
MoreLong description:
The Conflict of Laws in Intellectual Property (CLIP) Principles address issues of private law for disputes involving intellectual property rights. They were produced by a Max Planck Institute research project, in which the authors of this work were heavily involved. The Principles are intended to provide a model European framework to respond to the increasing need for guidance on the applicable law. They represent a significant body of work which will help to inform developing practice on applicable law and conflict throughout the field.
This new work presents the Principles, alongside article-by-article commentary and notes, which analyse thoroughly the context of the rule within the Principles, as well as within the existing legal solutions at the national, European and international level. It also explores the policy considerations underlying the rule, enabling a better understanding of why the Principles adopt the solutions laid out in the rules. Useful references are provided to the relevant legal provisions and cases dealing with the respective issues of intellectual property and private international law.
Table of Contents:
Preamble
Part 1: Purpose and Scope
Part 2: Jurisdiction
Section 1: General Jurisdiction
Section 2: Special Jurisdiction
Section 3: Prorogation of Jurisdiction
Section 4: Exclusive Jurisdiction
Section 5: Provisional, Including Protective, Measures
Section 6: General Provisions
Section 7: Coordination of Proceedings
Part 3: Applicable Law
Section 1: General Principles
Section 2: Initial Ownership
Section 3: Transferability
Section 4: Co-ownership
Section 5: Contracts and Related Questions
Section 6: Infringement and Remedies
Section 7: Limitations and Exceptions, Waivability
Section 8: Security Rights in Intellectual Property
Section 9: Supplementary Provisions
Part 4: Recognition and Enforcement
Section 1: General Rules
Section 2: Verification of Jurisdiction
Section 3: Provisional and Protective Measures
Section 4: Public Policy
Section 5: Other Grounds for Non-recognition of Foreign Judgements
Section 6: Exclusion of Substantive Review
Section 7: Procedure
Section 8: Settlements
