This timely and practical guide compares the jurisdictional advantages of litigating a national IP right with those of the corresponding European unitary IP right. The study offers IP practitioners a meticulous yet principled basis for their jurisdictional decisions and shows why it is advantageous for infringers to litigate based on a national IP right and rightholders to litigate based on a European unitary IP right.
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Where to Litigate Unitary Rights vs National Rights in the EU
Torsten B. Larsen
A Global and Local Outlook
Edited by Irene Calboli and Jacques de Werra
The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms. Key features include: • A comprehensive overview of legal and policy-related issues • A blend of approaches underpinning strategic considerations with analytical rigour • Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions • Authorship from renowned trademark experts Practitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field.
Law and Practice
Elizabeth Rowe and Sharon K. Sandeen
Providing a valuable source of information on the law and practice of trade secrecy in international business transactions, this book provides concise but authoritative insight into international trade secret harmonization efforts and the trade secret laws of many countries. Trade secret law in the United States is promoted as the international standard for trade secret protection and a detailed explanation of the scope and limits of trade secret law in the US is presented here alongside practical guidance on how businesses can enhance trade secret protection while engaging in global commerce.
A Practical Guide to Success in Opposition and Appeal
Marcus O. Müller and Cees A.M. Mulder
Experienced practitioners will find that the detailed case law citation adds depth to their knowledge. The practical advice and the illustrations from case law provide patent lawyers and patent attorneys with invaluable guidance on specific procedural and substantive questions, as well as on how to act properly in opposition and appeal proceedings. Proceedings Before the European Patent Office: A Practical Guide to Success in Opposition and Appeal is an indispensable tool in the armoury of all patent practitioners.
Edited by Stefan Luginbuehl and Peter Ganea
This book provides a comprehensive introduction to patent policy, law and practice in Greater China and will be a go-to book for patent practitioners who have client interests in that region.
Law and Practice
Geographical indications, or marks designating a product’s place of origin, are of huge economic value, and the laws designed to police and protect such designations are increasingly important and under scrutiny. This book is one of the first to offer a comprehensive and detailed examination of the European laws concerning the protection of geographical indications, and the application of those laws. Systematic attention is paid to the categories of geographical indication, including chapters on agricultural products and foodstuffs, wines, and spirits. Consideration is also given to enforcement mechanisms and the influence of the relevant provisions of the TRIPS agreement.
Edited by Irini A. Stamatoudi and Paul Torremans
Presenting a comprehensive and up to date article-by-article analysis of all EU law in the area of copyright, as well as of the underlying basic concepts and principles, this unique book takes into account all recent legislative amendments and pending initiatives in the context of the EU Digital Agenda, as well as the case law of the Court of Justice of the European Union. Published as part of the Elgar Commentaries series, it discusses challenges for the future that will underpin copyright in the years to come. It also presents ongoing discussions in WIPO and assesses the role of copyright in society and economy both from an EU and an international perspective. It is a thorough and in-depth analysis from a team of leading experts in the field, which combines aspects of theory and practice and places copyright in perspective.
Justin Malbon, Charles Lawson and Mark Davison
This Commentary on the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides a detailed textual analysis of TRIPS – a pivotal international agreement on intellectual property rights. TRIPS sets minimum standards for national laws on copyright, patents, trademarks and other forms of intellectual property rights. TRIPS profoundly impacts upon the regulation of access to medicines, compulsory licensing of copyright material, geographical indicators and other significant IP-related matters.
The Law and Regulation of Franchising in the EU provides an in-depth analysis of the regulatory environment for franchising in the EU. Franchising in the EU comprises nearly 10,000 franchised brands and over €215 billion (US$300 billion) turnover per annum. However, compared to its scale in the US and Australia, franchising is not realising its full potential in the EU and the author points to the lack of homogeneity across members states as a large part of the problem.
A Commentary on the Anti-Counterfeiting Trade Agreement (ACTA)
This important book is the first detailed analytical treatment of the Anti-Counterfeiting Trade Agreement (ACTA) and its impact on intellectual property enforcement. The ACTA had been formulated to deal with the burgeoning growth in the trade in counterfeit and pirate products which was estimated to have increased ten-fold since the promulgation of the TRIPS Agreement in 1994. The book clarifies how the ACTA supplements the enforcement provisions of the TRIPS Agreement, namely by: expanding the reach of border protection to infringing goods in transit; providing greater detail of the implementation of civil enforcement and; providing for the confiscation of the proceeds of intellectual property crimes. As the book illustrates, a significant additional innovation is the introduction of provisions dealing with enforcement of intellectual property rights in the digital environment.