Conflict of Laws in Intellectual Property: The CLIP Principles and Commentary

Hardcover | March 13, 2013

EditorEuropean Max Planck Group on Conflict of Laws in I

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The Conflict of Laws in Intellectual Property (CLIP) Principles address issues of private law for disputes involving intellectual property rights. They were produced by a Max Planck Institute research project, in which the authors of this work were heavily involved. The Principles are intendedto provide a model European framework to respond to the increasing need for guidance on the applicable law. They represent a significant body of work which will help to inform developing practice on applicable law and conflict throughout the field.This new work presents the Principles, alongside article-by-article commentary and notes, which analyse thoroughly the context of the rule within the Principles, as well as within the existing legal solutions at the national, European and international level. It also explores the policyconsiderations underlying the rule, enabling a better understanding of why the Principles adopt the solutions laid out in the rules. Useful references are provided to the relevant legal provisions and cases dealing with the respective issues of intellectual property and private internationallaw.

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The Conflict of Laws in Intellectual Property (CLIP) Principles address issues of private law for disputes involving intellectual property rights. They were produced by a Max Planck Institute research project, in which the authors of this work were heavily involved. The Principles are intendedto provide a model European framework to re...

Jurgen Basedow is Director at the Max Planck Institute for Comparative and International Private Law in Hamburg and Secretary General of the International Academy of Comparative Law. He is also a member of the Group Europeen de droit international prive. He has published extensively on various issues of Private International Law and ...

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Format:HardcoverDimensions:650 pages, 9.69 × 6.73 × 0.98 inPublished:March 13, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199665087

ISBN - 13:9780199665082

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Table of Contents

PreamblePart 1: Purpose and ScopePart 2: JurisdictionSection 1: General JurisdictionSection 2: Special JurisdictionSection 3: Prorogation of JurisdictionSection 4: Exclusive JurisdictionSection 5: Provisional, Including Protective, MeasuresSection 6: General ProvisionsSection 7: Coordination of ProceedingsPart 3: Applicable LawSection 1: General PrinciplesSection 2: Initial OwnershipSection 3: TransferabilitySection 4: Co-ownershipSection 5: Contracts and Related QuestionsSection 6: Infringement and RemediesSection 7: Limitations and Exceptions, WaivabilitySection 8: Security Rights in Intellectual PropertySection 9: Supplementary ProvisionsPart 4: Recognition and EnforcementSection 1: General RulesSection 2: Verification of JurisdictionSection 3: Provisional and Protective MeasuresSection 4: Public PolicySection 5: Other Grounds for Non-recognition of Foreign JudgementsSection 6: Exclusion of Substantive ReviewSection 7: ProcedureSection 8: Settlements