One of the more significant impacts of the World Trade Organization's Trade-Related Aspects of Intellectual Property Right Agreement (TRIPS) arises out of its enforcement provisions, which pose challe
Providing a practical analysis of anti-counterfeiting and anti-piracy measures at the borders of the European Union, this book deals with all aspects of border measures under Regulation (EC) 1383/2003
In The Global Regime for the Enforcement of Intellectual Property Rights, Xavier Seuba offers a comprehensive description of the international norms and bodies dealing with the enforcement of intellectual property rights. The book analyzes multilateral, plurilateral, and bilateral treaties, and their national implementation, along with civil, border, and criminal enforcement. The book also explores the interface between the enforcement of intellectual property rights and the norms regulating international trade, competition, and human rights, as well as the conceptual and systemic aspects of enforcement, while illustrating the importance of these rights with examples in litigation. The book should be read by anyone interested in how intellectual property rights are being enforced around the world, and how these efforts relate to other legal regimes.
Counterfeiting and piracy were once limited to T-shirts and music sold on street corners. Today, copyright owners encounter infringers more often than customers. Counterfeit goods are sold via the I
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning Regulation (EU) No 608/2013 Concerning Customs Enforce
In Globalising Intellectual Property Rights, Matthews looks at various aspects of the TRIPS Agreement: agenda-setting, legal interpretation, implementation, enforcement and revision - from the viewpoi
In this original study of intellectual property rights (IPR) in relation to state capacity, Dimitrov analyzes this puzzle by offering the first systematic analysis of all IPR enforcement avenues in China, across all IPR subtypes. He shows that the extremely high volume of enforcement provided for copyrights and trademarks is unfortunately of a low quality, and as such serves only to perpetuate IPR violations. In the area of patents, however, he finds a low volume of high-quality enforcement. In light of these findings, the book develops a theory of state capacity that conceptualizes the Chinese state as simultaneously weak and strong. The book draws on extensive fieldwork in China and five other countries, as well as on 10 unique IPR enforcement datasets that exploit previously unexplored sources, including case files of private investigation firms.
In this original study of intellectual property rights (IPR) in relation to state capacity, Dimitrov analyzes this puzzle by offering the first systematic analysis of all IPR enforcement avenues in China, across all IPR subtypes. He shows that the extremely high volume of enforcement provided for copyrights and trademarks is unfortunately of a low quality, and as such serves only to perpetuate IPR violations. In the area of patents, however, he finds a low volume of high-quality enforcement. In light of these findings, the book develops a theory of state capacity that conceptualizes the Chinese state as simultaneously weak and strong. The book draws on extensive fieldwork in China and five other countries, as well as on 10 unique IPR enforcement datasets that exploit previously unexplored sources, including case files of private investigation firms.
The enforcement of patent rights raises complex, and, from a private international law perspective, unique difficulties. This book analyzes in detail both the European rules on jurisdiction (the Bruss
This book addresses several aspects of the law and economics of intellectual property rights (IPRs) that have been underanalyzed in the existing literature. It begins with a brief overview of patents, trade secrets, copyrights, and trademarks, and the enforcement and licensing of IPRs, focusing on the remedies available for infringement (injunctions, various forms of damages, and damages calculation issues); the standard of care (strict liability versus an intent- or negligence-based standard); and the rules for determining standing to sue and joinder of defendant for IPR violations. The authors demonstrate that the core assumption of IPR regimes - that IPRs maximize certain social benefits over social costs by providing a necessary inducement for the production and distribution of intellectual products - have several important implications for the optimal design of remedies, the standard of care, and the law of standing and joinder.
This book addresses several aspects of the law and economics of intellectual property rights (IPRs) that have been underanalyzed in the existing literature. It begins with a brief overview of patents, trade secrets, copyrights, and trademarks, and the enforcement and licensing of IPRs, focusing on the remedies available for infringement (injunctions, various forms of damages, and damages calculation issues); the standard of care (strict liability versus an intent- or negligence-based standard); and the rules for determining standing to sue and joinder of defendant for IPR violations. The authors demonstrate that the core assumption of IPR regimes - that IPRs maximize certain social benefits over social costs by providing a necessary inducement for the production and distribution of intellectual products - have several important implications for the optimal design of remedies, the standard of care, and the law of standing and joinder.
The Anti-Counterfeiting Trade Agreement (ACTA) is the most important effort undertaken to lay down a plurilateral legal framework for the enforcement of intellectual property rights. With the view to learn more about the origins of this treaty, the process leading to its conclusion and its implications for law making in this field, The ACTA and the Plurilateral Enforcement Agenda: Genesis and Aftermath analyses in great depth both the context and the content of the agreements. In order to attain this objective, a large and diverse group of experts - renowned scholars, policy makers, civil society and industry actors - who represent different perspectives on the necessary balance between intellectual property enforcement and other economic and social interests have been gathered together. This book is the most comprehensive analysis of ACTA, and of its relation with ongoing initiatives to improve enforcement of intellectual property and norms pertaining to a range of international legal
Mshomba provides a systematic study of Africa as it relates to the World Trade Organization. He examines the WTO's enforcement mechanism; the WTO's broadened mandate, illustrated by the Agreement on Trade-Related Intellectual Property Rights; agriculture in the Doha Round; issues relating to transparency in government procurement; and the endeavor to streamline assistance to developing countries through an 'Aid for Trade' initiative. The author integrates theory and practice, with a clear presentation of important economic concepts. He provides a rigorous analysis of key issues and proposals. He presents African countries as having an important role to play in the WTO, especially as they actively engage in bargaining through various coalitions. Mshomba acknowledges that WTO negotiations will always be complex and at times contentious due to wide economic and political differences between countries. He views the differences, however, as creating opportunities for a mutually beneficial e
Mshomba provides a systematic study of Africa as it relates to the World Trade Organization. He examines the WTO's enforcement mechanism; the WTO's broadened mandate, illustrated by the Agreement on Trade-Related Intellectual Property Rights; agriculture in the Doha Round; issues relating to transparency in government procurement; and the endeavor to streamline assistance to developing countries through an 'Aid for Trade' initiative. The author integrates theory and practice, with a clear presentation of important economic concepts. He provides a rigorous analysis of key issues and proposals. He presents African countries as having an important role to play in the WTO, especially as they actively engage in bargaining through various coalitions. Mshomba acknowledges that WTO negotiations will always be complex and at times contentious due to wide economic and political differences between countries. He views the differences, however, as creating opportunities for a mutually beneficial e
Intellectual property issues in the film industry are often highly complex and in today's world are evolving rapidly. In this second edition of Film Copyright in the European Union, Pascal Kamina unravels the complexities of film protection in twenty-eight member states of the European Union, including thirteen new member states who have joined since the first edition. As well as addressing key aspects of film copyright, Pascal Kamina also deals with the protection of film works within the European Union in the context of European harmonisation of copyright laws. Including a new chapter on copyright enforcement, this second edition details the substantial developments in EU law during the last decade, including major cases for the European Court of Justice, new treaties and new directives. This book will interest practitioners, academics and students. The developments on contracts and moral rights will be of particular interest to lawyers outside continental Europe.
In the European Union, courts have been expanding the enforcement of intellectual property rights by employing injunctions to compel intermediaries to provide assistance, despite no allegation of wrongdoing against these parties. These prospective injunctions, designed to prevent future harm, thus hold parties accountable where no liability exists. Effectively a new type of regulatory tool, these injunctions are distinct from the conventional secondary liability in tort. At present, they can be observed in orders to compel website blocking, content filtering, or disconnection, but going forward, their use is potentially unlimited. This book outlines the paradigmatic shift this entails for the future of the Internet and analyzes the associated legal and economic opportunities and problems.
The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers, and needed by students worldwide taking courses in international economic or trade law. DSR 2009: V reports on China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights (WT/DS362).
