Arbitration of International Intellectual Property Disputes

Arbitration of International Intellectual Property Disputes
Author: Thomas D. Halket
Publisher: Juris Publishing, Inc.
Total Pages: 652
Release: 2012-05-01
Genre: Arbitration and award, International
ISBN: 193383367X


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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.

International Intellectual Property Arbitration

International Intellectual Property Arbitration
Author: Trevor Cook
Publisher: Kluwer Law International B.V.
Total Pages: 498
Release: 2010-01-01
Genre: Law
ISBN: 9041127259


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More and more, intellectual property disputes tend to be multijurisdictional in nature, and parties everywhere are turning to international arbitration as the most promising means of resolution. Although these two legal specialisms ' intellectual

Research Handbook on Intellectual Property Rights and Arbitration

Research Handbook on Intellectual Property Rights and Arbitration
Author: Simon Klopschinski
Publisher: Edward Elgar Publishing
Total Pages: 603
Release: 2024-05-02
Genre: Law
ISBN: 180037836X


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The Research Handbook on Intellectual Property Rights and Arbitration explores the complementary relationship between state court adjudication and arbitral proceedings in the context of intellectual property rights. Presenting contemporary research and insight into the scholarly debates on the topic, it provides a comprehensive overview of arbitrating intellectual property disputes on an international scale.

Manual of Mediation and Arbitration in Intellectual Property

Manual of Mediation and Arbitration in Intellectual Property
Author: Alice Kelly
Publisher: Editora Dialética
Total Pages: 84
Release: 2023-06-30
Genre: Law
ISBN: 6525298970


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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.

Arbitration of International Business Disputes

Arbitration of International Business Disputes
Author: William W. Park
Publisher: OUP Oxford
Total Pages: 1096
Release: 2012-09-20
Genre: Law
ISBN: 0191634816


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Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversial questions in arbitration of trade, financial, and investment disputes. The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolution of arbitration's statutory and treaty framework, free trade and bilateral investment agreements, and the balance between fixed rules and arbitral discretion. The book is structured around three themes: arbitration's legal framework; the conduct of arbitral proceedings; and a comparison of arbitration in specific fields such as finance, intellectual property, and taxation. In each of these areas, analysis includes the tensions between fairness and efficiency, and the accurate application of substantive law as well as the implications of mandatory procedural norms. Augmented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all of its earlier practical and scholarly relevance, and includes a Foreword by V. V. (Johnny) Veeder QC.

Intellectual Property and International Dispute Resolution

Intellectual Property and International Dispute Resolution
Author: Christopher Heath
Publisher: Kluwer Law International B.V.
Total Pages: 384
Release: 2019-08-31
Genre: Law
ISBN: 9041191127


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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.

Arbitration in Switzerland

Arbitration in Switzerland
Author: Dr. Manuel Arroyo
Publisher: Kluwer Law International B.V.
Total Pages: 3026
Release: 2018-08-06
Genre: Law
ISBN: 9041192743


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Arbitration in Switzerland