Intellectual Property And Private International Law

by Drexl, Josef; kur, annette

• ISBN13: 9781841135397
• ISBN10: 1841135399
• Format: Paperback
• Copyright: 2005-01-01
• Publisher: Hart Publishing

Summary

The relationship between intellectual property and private international law is a fascinating and multi-faceted one. Both fields are inherently international, but it is the exponential increase in conflicts involving trans-border elements, in a world characterised by global trade and borderless communication structures, that has, in modern times, drawn the two disciplines close. The essays contained in this book, first presented at a Symposium in Munich, set out possible visions for a future system of international and regional jurisdiction and applicable law that is better adapted to the increasingly supranational character of IP rights. A second feature of the book is its treatment of harmonisation of choice-of-law issues. Framed by these two elements - international jurisdiction on the one hand and perspectives for harmonised choice of law rules in an international context on the other - specific European themes are also addressed; jurisdiction, the establishment of a European judiciary in the patent field, the relationship between regional (European) systems and an international jurisdiction convention, and the recent proposal for a Regulation on applicable law in non-contractual relationships (Rome II).

Author Biography

Dr Josef Drexl is a Director of the Max Planck Institute for Intellectual Property and Competition Law in Munich.
Professor Kur is section head for Scandinavian countries at the Max Planck Institute for Intellectual Property and Competition Law, Munich.

Table of Contents

Preface	vii
Josef Drexl
Annette Kur
Part One: Jurisdiction
The Proposed Hague Convention
The Hague Conference Project for a Global Convention on Jurisdiction, Recognition and Enforcement in Civil and Commercial Matters: An Update	5	(16)
Andrea Schulz
The MPI Proposal
Jurisdiction and Enforcement of Foreign Judgments -- The General Structure of the MPI Proposal	21	(14)
Annette Kur
Provisional Measures and Multiple Defendants in the MPI Proposal	35	(20)
Marcus Norrgard
Contractual Jurisdiction Clauses and Intellectual Property	55	(32)
Alexander Peukert
Current Developments in Patent Law
The EPLA Project and the Forthcoming Community Patent System -- A Model for IP in General?	87	(14)
Jan Willems
The Relationship Between Regional (Patent) Judiciary Systems in Europe and International Conventions -- Smooth Coexistence or Confusion?	101	(28)
Stefan Luginbuehl
Part Two: Choice of Law
General Principles
Choice of Law and Intellectual Property	129	(22)
Richard Fentiman
European Issues
The Proposed Rome II Regulation: European Choice of Law in the Field of Intellectual Property	151	(26)
Josef Drexl
Comments: The Rome II Regulation Proposal and its Relation to the European Country-of-Origin Principle	177	(24)
Matthias Leistner
Choice-of-Law Rules in the EU -- Special Issues with Respect to Community Rights -- Infringement of Community Trade Marks and Applicable Law	201	(14)
Eike Schaper
Community Rights & Conflict of Laws: Community Trademark, Community Design, Community Patent -- Applicable Law for Claims of Damages	215	(14)
Axel Metzger
International Issues
Recent Judgments in Japan on Intellectual Property Rights, Conflict of Laws and International Jurisdiction	229	(12)
Toshiyuki Kono
Choice of Law in the Digital Environment -- Problems and Possible Solutions	241	(16)
Ansgar Ohly
The Joint Recommendation Concerning Protection of Marks, and Other Industrial Property Rights in Signs, on the Internet	257	(8)
Johannes Christian Wichard
Who Decides on the Colours of Films on the Internet? Drafting of Choice-of-Law Rules for the Determination of Initial Ownership of Film Works vis-a-vis Global Acts of Exploitation on the Internet	265	(24)
Dorothee Thum
Alternatives to the lex protectionis as the Choice-of-Law Rule for Initial Ownership of Copyright	289	(19)
Mireille van Eechoud
Annex
General Directions	308	(1)
The MPI Proposal	309	(26)
The Hague Conference Project	335	(13)
Draft Hague Jurisdiction Convention, 1999	335	(9)
Relevant Articles of the Summary of the Outcome of the Discussion in Commission I of the First Part of the Diplomatic Conference 6--20 June 2001	344	(4)
The WIPO Joint Recommendation	348	(6)
The Proposed Rome II Regulation	354	(7)
The Proposed Community Patent Judiciary	361