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Intellectual Property and International Dispute Resolution

Intellectual Property and International Dispute Resolution
 

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,... read full description below.

Available for pre-order internationally. Ships upon its international release date of 31 Aug 2019.

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ISBN 9789041190970
Published 31 August 2019 by Kluwer Law International
Format Hardback
Author(s) Edited by Heath, Christopher
Edited by Sanders, Anselm Kamperman
Availability Available for pre-order, ships once internationally released 31 Aug 2019

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Full details for this title

ISBN-13 9789041190970
ISBN-10 904119097X
Stock Available
Status Available for pre-order, ships once internationally released 31 Aug 2019
Publisher Kluwer Law International
Imprint Kluwer Law International
Publication Date 31 August 2019
Publication Country Netherlands Netherlands
Format Hardback
Author(s) Edited by Heath, Christopher
Edited by Sanders, Anselm Kamperman
Category International Law
Intellectual Property, Copyright & Patents
Number of Pages 288
Dimensions Not specified
Weight Not specified - defaults to 1,000g
Interest Age General Audience
Reading Age General Audience
NBS Text International Law: Professional
ONIX Text Professional and scholarly
Dewey Code Not specified
Catalogue Code Not specified

Description of this Book

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.

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