Intellectual Property and Private International Law

by Torremans, Paul L. C.

• ISBN13: 9780198853312
• ISBN10: 0198853319
• Edition: 3rd
• Format: Hardcover
• Copyright: 2024-04-04
• Publisher: Oxford University Press

Summary

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.

Author Biography

Paul L. C. Torremans, Professor of Intellectual Property Law, University of Nottingham

Professor Torremans taught at the Universities of Leicester and Leeds, before joining the University of Nottingham in September 2002. He also served as a Sub-Dean for Graduate Studies at the Faculty of Law of the University of Leicester. His areas of expertise are intellectual property law and private international law. He is a member of the executive committee of the Association Littéraire et Artistique Internationale (ALAI) and of the Association for the Enhancement of Teaching and Research in Intellectual Property (ATRIP). He has acted as an expert for the World Intellectual Property Organisation, the European Commission, the European Patent Office and other international organisations.

Table of Contents

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