Download or read book Arbitration of International Intellectual Property Disputes written by Thomas D. Halket and published by Juris Publishing, Inc.. This book was released on 2012-05-01 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Arbitration of International Intellectual Property Disputes, which is designed not only for arbitration counsel and arbitrators but also for in-house counsel and transactional lawyers, provides a thorough guide to the use of arbitration to resolve these disputes. Both practical as well as scholarly, it starts by exploring how and why arbitration can provide the best way to resolve these disputes and how to draft an effective arbitration provision. It then covers the principal unique issues which can arise in the arbitration itself, from choosing the tribunal through confidentiality, discovery, validity determinations, choice of law, provisional and final remedies and enforceability. With the world more and more dependent upon technology of all types, the continued and growing importance of intellectual property cannot be understated. There has been, and will continue to be, an accompanying explosion in the number and complexity of transactions in which intellectual property is a critical, if not the critical, element. Many of these transactions cross national boundaries; as do the disputes which inevitably arise from them. But international intellectual property disputes present complexities not encountered in either intellectual property disputes which are confined to one country or other international commercial disputes. The Arbitration of International Intellectual Property Disputes will serve as a handy reference and guide for navigating through the complex maze of intellectual property and arbitration.
Download or read book Alternative Dispute Resolution for Disputes Related to Intellectual Property and Traditional Knowledge Traditional Cultural Expressions and Genetic Resources written by World Intellectual Property Organization and published by WIPO. This book was released on 2016-04-01 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Brief introduces how alternative dispute resolution offers an alternative to formal court-based systems for tackling intellectual property disputes that may arise in relation to traditional knowledge, traditional cultural expressions and genetic resources.
Download or read book Intellectual Property and International Dispute Resolution written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2019-08-31 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Christopher Heath is a judge at the Boards of Appeal of the European Patent Office and former researcher of the Max Planck Institute in Munich. Anselm Kamperman Sanders is Professor of Intellectual Property Law and Director of the IPKM Master’s Programme at Maastricht University, the Netherlands. About this book: Intellectual Property and International Dispute Resolution, the first in-depth treatment of the interface between intellectual property rights and international dispute resolution. The book highlights the different mechanisms of international dispute settlement, having particular regard to cases involving intellectual property law. Investor dispute tribunals, as provided for in many bilateral and multilateral trade agreements, are suspected of intransparency, because proceedings are not public, of unequal treatment, because they give foreign investors a right of action where domestic investors would have none, and of undermining democracy, because they allow democratically enacted laws to be challenged with no possibility of appeal. What’s in this book: In this important book, a number of prominent legal scholars and practitioners examine the extent to which challenges against domestic legislation based on an alleged direct or indirect expropriation of intellectual property rights may be justified. The contributions cover such aspects as: history and current practice of international dispute resolution; direct application of international agreements by national courts; comparison of investor dispute settlement tribunals with other fora such as the WTO or domestic courts for determining compliance with international intellectual property standards; what can be considered ‘investment’ and ‘expropriation’ in the field of intellectual property; legislative freedom to operate when limiting intellectual property rights, particularly in the field of health and safety; and how societal interests could influence future legislation in the field of intellectual property law. One major focus of the book are the challenges against tobacco plain packaging legislation before domestic and international courts and tribunals and their outcome. How this book will help you: The book’s detailed analysis of the nature of investor dispute tribunals and how they may conflict with public interests – and its exploration of possible alternatives – is sure to be of great interest to internationally operating companies, policymakers, practitioners and scholars in both international trade law and intellectual property law.
Download or read book Intellectual Property Dispute Resolution written by M. Craig Tyler and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Properly Dispute Resolution is an authoritative, insider's perspective on best practices for assisting clients in resolving intellectual property disputes through ADR. Featuring legal experts from some of the nation's leading firms and law schools, these thought leaders guide the reader through the process of utilizing arbitration or mediation in order to avoid bringing an IP dispute case to trial. Discussing the importance of pursuing the most appropriate form of ADR. selecting the right mediator or arbitrator, and hiring knowledgeable expert witnesses, the authors illustrate a step-by-step plan for preparing a client's ease and ensuring a successful outcome for all parties. These top lawyers give tips on analyzing and weighing the risks of using ADR versus going to court, creating reasonable expectations for one's client, interpreting contract clauses, and negotiating settlements. Additionally, these leaders reveal the differences among the various types of intellectual property disputes, including trademarks, patents, copyrights, trade secrets, and domain names, and how one's strategy must change to meet the needs of each form. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to success within this constantly-changing field.
Download or read book Mediation written by Theophile Margellos and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disputes about intellectual property (IP) rights are frequently multinational, with allegations of infringement and arguments about validity and ownership spanning numerous jurisdictions. As an alternative to expensive, risk-prone and time-consuming litigation, out-of-court settlements conducted through mediation are becoming more common, with the added advantage that they are not tied to the geographical scope of the IP rights at stake. This book is the first work of its type devoted to the practical A to Z of IP mediation. It is written in a reader-friendly style which makes it accessible to a wide readership. With numerous case study examples demonstrating the kind of challenges that arise and how they can be met, a team of internationally recognized mediators and IP experts offers in-depth discussion of how mediation mitigates difficulties in such IP areas as the following: • disputes on trademarks, designs, patents, copyrights and other IP rights; • allegations of breach of contract; • licences and transfers; and • R&D cooperation agreements. The authors provide analysis and recommendations about drafting settlement agreements, including standard clauses and enforcement, as well as an overview of the main mediation services which may be used to settle IP disputes. Showing how mediation offers a dispute resolution process at a human level where parties can not only discuss and resolve their differences but also create added value to the existing IP rights and the business surrounding them, the book will be warmly welcomed by lawyers, both in-house and outside counsels, IP professionals in general and rights holders and licensees.
Download or read book WIPO Guide on Alternative Dispute Resolution ADR Options for Intellectual Property Offices and Courts written by World Intellectual Property Organization and published by WIPO. This book was released on 2018-09-25 with total page 85 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Guide is designed to provide an overview of ADR processes for IP disputes.
Download or read book Arbitration of Intellectual Property Disputes in the United States written by Thomas D. Halket and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Enforcement of Intellectual Property Rights A Case Book written by L.T.C. Harms and published by WIPO. This book was released on 2012 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this publication, WIPO and the author aim at making available for judges, lawyers and law enforcement officials a valuable tool for the handling of intellectual property cases. To that effect, the case book uses carefully selected court decisions drawn from various countries with either civil or common law traditions. The extracts from the decisions and accompanying comments illustrate the different areas of intellectual property law, with an emphasis on matters that typically arise in connection with the enforcement of intellectual property rights in civil as well as criminal proceedings.
Download or read book WIPO Intellectual Property Handbook written by and published by World Intellectual Property Organization. This book was released on 2004 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Manual of Mediation and Arbitration in Intellectual Property written by Alice Kelly and published by Editora Dialética. This book was released on 2023-06-30 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Manual of Mediation and Arbitration in Intellectual Property: Model for Developing Countries, written by Alice Kelly, this book is for students, professionals, and researchers who perform their services in the Intellectual Property field. The book offers a practical and innovative approach for Alternative Dispute Resolutions (ADR), with solid examples, and clear orientations about arbitration and mediation practices. This book also contributes for the dissemination of knowledge on the Intellectual Property Dispute Resolution.
Download or read book Guide to WIPO Mediation written by and published by . This book was released on 1996 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Resolving IP and Technology Disputes Through WIPO ADR written by World Intellectual Property Organization and published by WIPO. This book was released on 2017-05-17 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although an IP dispute can be resolved through court litigation, parties are, with increasing frequency, submitting disputes to mediation, arbitration or other alternative dispute resolution (ADR) procedures.
Download or read book Transnational Intellectual Property Law written by Robert P. Merges and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 679 pages. Available in PDF, EPUB and Kindle. Book excerpt: As companies and organisations increasingly operate across national boundaries, so the incentive to understand how to acquire, deploy and protect IP rights in multiple national jurisdictions has rapidly increased. Transnational Intellectual Property Law meets the need for a book that introduces contemporary intellectual property as it is practiced in today’s global context. Focusing on three major IP regimes – the United States, Europe and China – the unique transnational approach of this textbook will help law students and lawyers across the world understand not only how IP operates in different national contexts, but also how to coordinate IP protection across numerous national jurisdictions. International IP treaties are also covered, but in the context of an overall emphasis on transnational coordination of legal rights and strategies.
Download or read book The Interplay Between Competition Law and Intellectual Property written by Gabriella Muscolo and published by Kluwer Law International B.V.. This book was released on 2019-01-17 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although competition law and intellectual property are often interwoven, until this book there has been little guidance on how they work together in practice. As the intersection between the two fields continues to grow worldwide, both in case law and in regulation, the book's markets-based approach, focusing on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world's most active jurisdictions, provides a much-needed in-depth understanding of how this interplay reveals itself among the different legal systems. Written by a range of authors including judges, regulators, academics, economists and practitioners in both fields, the book provides an international comparative perspective as well as detailed analysis of specific cases, policies and proposals for change. Among the issues and topics covered are the following: – free movement of goods and the protection of intellectual property rights; – standard essential patents & injunction in patent cases; – intellectual property rights between technological development and consumer protection; – geo-blocking; – online platforms and antitrust; – excessive prices. In this context, special attention is paid throughout to the increasing dialogue among Competition Authorities and between Judges and Competition Authorities around the world. As matchless remedy for the lack of uniformity heretofore, the book's investigation of the nexus between competition law and intellectual property in different sectors and in various countries takes a giant step towards a more-balanced approach and more-levelled regulation and practices. It will be warmly appreciated by policy makers, decision makers, regulators, practitioners and academics in both competition law and intellectual property fields
Download or read book International Intellectual Property Litigation written by and published by . This book was released on 1997 with total page 1066 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Intellectual Property written by and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book WIPO Alternative Dispute Resolution Options written by World Intellectual Property Organization and published by WIPO. This book was released on 2022-06-30 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: This document provides an overview of alternative dispute resolution (ADR) options for intellectual property (IP) disputes, and highlights WIPO’s growing experience in working with IP offices and courts to develop and enhance their ADR services.
