Intellectual Property and Private International Law: Comparative Perspectives

By Toshiyuki Kono

Overview

Intellectual Property and Private International Law: Comparative Perspectives

‘Intellectual property and private international law’ was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington (July 2010). This volume contains the General Report and 20 National Reports covering Canada, US, Japan, Korea, India and a number of European countries (Austria, France, Germany, UK, Spain etc). The General Report was prepared on the basis of National Reports.

The national reporters not only describe the existing legal framework, but also provide answers for up to 12 hypothetical cases concerning international jurisdiction, choice-of-law and recognition and enforcement of foreign judgments in multi-state IP disputes. Based on their answers the main differences between legal systems as well as the shortcomings of the cross-border enforcement of IP rights are outlined in the General Report.

The Reports in this volume analyse relevant court decisions as well as recent legislative proposals (such as the ALI, CLIP, Transparency, Waseda and Korean Principles). This book is therefore a significant contribution to the existing debate in the field and will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context.

Review

… an extremely valuable book and is recommended to practitioners, academics and policy makers. The wealth of information and the level of analysis are extremely high and the arguments and suggestions put forward are well grounded and always thought-provoking. No doubt, it will add to the current debate on the need for reform of the applicable law in cross-border IP rights litigation. (Riccardo Sciaudone Journal of Intellectual Property Law and Practice, Volume 8, Number 4)

The book should be useful to academics and advanced students seeking some guidance in what has become a complex area. (European Intellectual Property Review, Volume 35, Issue 2)

Product Details

  • Series: Studies in Private International Law (Book 10)
  • Hardcover: 1138 pages
  • Publisher: Hart Publishing (July 18, 2012)
  • Language: English
  • ISBN-10: 1849462313
  • ISBN-13: 978-1849462310

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