Enforcement of Intellectual Property Rights in the EU Member States

Enforcement of Intellectual Property Rights in the EU Member States

Author: Flip Petillion

Publisher:

Published: 2019

Total Pages: 0

ISBN-13: 9781780686813

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Enforcement of Intellectual Property Rights in the EU Member States provides a timely overview and thorough analysis of intellectual property rights enforcement in the EU Member States. Taking legal action in one or several countries in the EU to enforce intellectual property rights is quite a challenge. The adoption of European Directive 2004/48/EC on the Enforcement of Intellectual Property Rights was meant to put a halt to considerable discrepancies in national legislations which caused uncertainty and a difference in enforcement between the EU Member States. The Enforcement Directive aimed to create a level playing field and to ensure a high, equivalent and homogeneous level of intellectual property protection across the EU.Over the past decade, the Enforcement Directive has been transposed into all EU Member States, in national legislation and through its application in national and EU case law. Both are essential to understand the Enforcement Directive's actual scope of application. In order to prepare and undertake an action in different countries potentially simultaneously knowledge of national legislation, local custom and practice, as well as procedural law, national and EU case law is essential.This book is a collaborative effort of lawyers from top tier firms from all 28 EU Member States. It is a valuable resource for both practitioners who are active cross-border and internationally and general counsel who seek an in-depth analysis of the legal landscape across the EU.


European Intellectual Property Law

European Intellectual Property Law

Author: Justine Pila

Publisher:

Published: 2019

Total Pages: 712

ISBN-13: 0198831285

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European Intellectual Property Law offers a full account of the main areas of substantive European intellectual property law - including the law of copyright and related rights, patents and plant variety rights, trademarks, design rights, and rights in data and information.


EU Intellectual Property Law and Policy

EU Intellectual Property Law and Policy

Author: The late Catherine Seville

Publisher: Edward Elgar Publishing

Published: 2016-09-28

Total Pages: 588

ISBN-13: 1781003483

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This fully updated book offers a compact and accessible account of EU intellectual property (IP) law and policy. The digital age brings many opportunities, but also presents continuing challenges to IP law as the EU’s programme of harmonisation unfolds. As well as addressing the main IP rights (copyright, patents, designs, trade marks and related rights), the book also considers IP’s relationship with the EU’s rules on free movement of goods and competition, as well as examining the enforcement of IP rights. Taking account of numerous changes, this timely second edition covers the substantive provisions and procedures which apply throughout the EU, making extensive reference to the case law. The author considers how the exploitation of IP is increasingly global; harmonisation, in contrast, is only partial, even at the EU level. In response, the book sets EU IP law in its wider international context. It also seeks to highlight policy issues and arguments of relevance to the EU, in its relations both within the Union and with the rest of the world. Designed as a compact and approachable account of these difficult and technical areas, and with advice on further reading and research, this unique book is useful both as a work of reference and for more general study. It is essential reading for postgraduate students, academic researchers and legal practitioners alike.


The Implementation and Enforcement of European Union Law in Small Member States

The Implementation and Enforcement of European Union Law in Small Member States

Author: Ivan Sammut

Publisher: Springer Nature

Published: 2021-03-11

Total Pages: 309

ISBN-13: 3030661156

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The objective of this book is to examine how the legal order of Malta, the EU's smallest Member State, manages to cope with the obligations of the EU's acquis communautaire. As far as the legal obligations are concerned, size does not matter. Smaller Member States have the same obligations as the largest, yet they have to meet these same obligations with very fewer resources. This book examines how the Maltese legal system manages to fulfil its obligations both in terms of the supremacy of EU law, as well as how the substantive EU law is transposed and implemented. It also explores how Maltese courts look at EU law and how they manage, or not manage, to enforce it within the context of national law. It can serve as a model to demonstrate how EU law is being implemented in the smallest Member State and can serve as a basis to study the effectiveness of EU law into the domestic law of its Member States in general.


Collective Management of Copyright and Related Rights

Collective Management of Copyright and Related Rights

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2022-12-22

Total Pages: 252

ISBN-13: 9280534653

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This third edition of Collective Management of Copyright and Related Rights presents an in-depth revision with invaluable updates on the different systems, legislative options and best practices of CMOs worldwide. As with previous editions, the book is written to reach a wide audience, with a special focus on questions that might emerge for governments as they prepare, adopt and apply collective management norms and regulations. The edition also sheds light on new copyright and related rights developments, including digital, technological and business trends, from all over the world. Additionally, there is detailed discussion on topics such as aspects of competition, national treatment, and different models of collective management.


The Global Regime for the Enforcement of Intellectual Property Rights

The Global Regime for the Enforcement of Intellectual Property Rights

Author: Xavier Seuba

Publisher: Cambridge University Press

Published: 2017-10-26

Total Pages: 497

ISBN-13: 1108247954

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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.


Enforcement of Intellectual Property Rights through Border Measures

Enforcement of Intellectual Property Rights through Border Measures

Author: Olivier Vrins

Publisher: OUP Oxford

Published: 2012-07-05

Total Pages: 0

ISBN-13: 9780199692934

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Fully updated to take account of recent legislation and guidance, this practical analysis of anti-counterfeiting and anti-piracy measures at EU borders provides a root and branch examination of the legislation and procedure in the jurisdictions of all Member States of the EU, offering a critical discussion of the latest practices.


Intellectual Property Rights and International Trade

Intellectual Property Rights and International Trade

Author: Shayerah Ilias

Publisher: Nova Publishers

Published: 2008

Total Pages: 84

ISBN-13: 9781604565621

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Introduction -- Intellectual property rights basics -- Global intellectual property holdings -- Contribution of intellectual property to U.S. economy -- The organized structure of IPR protection -- U.S. trade law -- Issues for Congress.


European Intellectual Property Law

European Intellectual Property Law

Author: Annette Kur

Publisher: Edward Elgar Publishing

Published: 2019-12-27

Total Pages: 631

ISBN-13: 1785361554

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The second edition of this popular textbook has been thoroughly revised, expanded and updated in order to reflect the recent extensive changes in European IP legislation. Providing an in-depth examination of the core areas of IP law, from copyright, patents and trademarks through to the protection of plant varieties and industrial design, it is perfectly pitched to guide the reader through the complexities of the European IP system.


Private Enforcement of EU Law Before National Courts

Private Enforcement of EU Law Before National Courts

Author: Folkert Wilman

Publisher: Edward Elgar Publishing

Published: 2015-09-25

Total Pages: 657

ISBN-13: 1784718491

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Private Enforcement of EU Law before National Courts successfully illustrates how legal actions brought by private parties can be instrumental in strengthening compliance with EU law. Through a detailed examination of selected EU legislation across the fields of procurement, intellectual property rights, consumer protection, and competition law, Folkert Wilman compares various remedies and procedures in which private parties have been utilised in the redress of grievances under EU law. An essential reference work for practicing lawyers acting before domestic courts in matters of EU Law, this timely publication offers new insights into private enforcement as a supplementary enforcement instrument, and offers clarity on how such a tool impacts on contractual remedies, procedural issues and the role of judicial review.