Private International Law Issues in Intellectual Property Law in India

2017 ◽  
pp. 409-431
Author(s):  
Vandana Singh
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Property Law ◽  
Private International Law ◽  
Intellectual Property Law

scholarly journals Traditional Cultural Expressions and International Intellectual Property Law

2019 ◽  
Vol 47 (1) ◽  
pp. 6-12
Author(s):  
Lily Martinet
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Doctoral Research ◽  
Essential Questions ◽  
Cultural Expressions ◽  
Definition Of ◽  
Traditional Cultural Expressions

This presentation draws on my doctoral research, which was conducted on traditional cultural expressions in international law. This subject still fills me with passion even after having spent many years studying it. To sum up my Ph.D. thesis in a sentence, I studied how international law embraces traditional dances, songs, handicrafts, designs, and rituals. Very diverse fields of laws were relevant for this research, but in the framework of this presentation, the focus was kept on intellectual property. The goal of this presentation was to provide answers to two essential questions. The first question relates to the definition of traditional cultural expressions (I), the second one concerned the reasons underpinning the introduction of this concept in international law (II).

The Protection of Intellectual Property in International Law

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Property Law ◽  
Absolute Truth ◽  
Conflict Of Laws ◽  
Intellectual Property Law ◽  
Alternative Systems ◽  
Substantive Law ◽  
Rule Systems

This chapter turns to the various approaches for addressing overlaps and resolving conflicts previously summarized. A range of specific conflict rules, the general conflict of norm principles referred to in the ILC Fragmentation Report, as well as alternatives such as conflict-of-laws concepts and the substantive law method are explored and applied to the rule relations assessed throughout prior chapters. The chapter then offers a birds-eye perspective on the relations within the international intellectual property (IP) system, those to alternative systems for protecting IP assets in international law, and to other global legal orders that interface the protection of IP. This perspective cannot claim to be objective and of course does not offer any sort of absolute truth. However, the chapter attempts to present this perspective as one that goes beyond the traditional realm of ‘international intellectual property law’ and truly engages with other rule systems in international law.

European Intellectual Property Law

2019 ◽  
Author(s):  
Justine Pila ◽  
Paul Torremans
Keyword(s):  
Decision Making ◽  
Intellectual Property ◽  
European Patent ◽  
Property Law ◽  
Private International Law ◽  
European Law ◽  
Full Account ◽  
Intellectual Property Law ◽  
Ip Law ◽  
The Impact

European Intellectual Property Law offers a full account of the nature, context, and effect of European IP law. The amount and reach of European law- and decision-making in the field of intellectual property has grown exponentially since the 1960s, making it increasingly difficult to treat European IP regimes as mere adjuncts to domestic and international regimes. European Intellectual Property Law responds to this reality by presenting a clear and detailed account of each of the main European IP systems, including the areas of substantive IP law on which they are based. The result is a full account of the European intellectual property field, presented in the context of both the EU legal system and international IP law, including EU constitutional law, the law of the European Patent Convention 1973/2000, and private international law. By drawing selectively on examples from domestic IP regimes, the text also illustrates substantive differences between those regimes and demonstrates the impact of European law and decision-making on EU Member States. The result is a modern treatment of European IP law that goes beyond a discussion of the provisions of individual legal instruments to consider their wider context and effect.

scholarly journals The Interpretations of Exceptions and Limitations Under Vietnamese Copyright Law in Case of Quotation of a Work

2021 ◽  
Vol 4 (1) ◽  
pp. 34-45
Author(s):  
Nguyen Thai Cuong ◽  
Nguyen Duc Nguyen Vy
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Copyright Law ◽  
Property Law ◽  
Berne Convention ◽  
Member States ◽  
Intellectual Property Law ◽  
Judicial Practice ◽  
Exceptions And Limitations ◽  
Limitations And Exceptions

Abstract The exceptions and limitations in copyright law have been firmly established by the Berne Convention. Indeed, these foundations consolidate and facilitate the unification in protecting copyrights of member states’ domestic laws. Nevertheless, the understanding and interpretations of each member are notably different and inadvertently maintain the inconsistency in international law. On that basis, the article analyzes the practice of Berne Convention’s codification and application in Vietnamese laws and judicial practice. Thereafter, the article emphasizes that Vietnamese intellectual property law has attempted to internalize the Berne Convention’s provisions on the limitations and exceptions of copyright law and proposes solutions to ameliorate such attempts. The article then shows the practice in Vietnamese judgment in order to show how Vietnamese intellectual property law receive the provision of limitations and exceptions in copyright law.

The Ethics of Intellectual Property Rights: The Impact of Traditional Knowledge and Health on International Intellectual Property Law

2009 ◽  
Vol 5 (2) ◽  
pp. 340-362
Author(s):  
Chamundeeswari Kuppuswamy
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
International Law ◽  
Traditional Knowledge ◽  
Property Law ◽  
Intellectual Property Law ◽  
Prior Informed Consent ◽  
Ongoing Work ◽  
Work Programme ◽  
The Impact

This article addresses issues at the interface of public international law and international intellectual property law, and argues that developing countries interests’ will be better protected by the proposed amendment of Article. 31 of the TRIPS Agreement and by the ongoing efforts to elaborate a legal instrument for the protection of traditional knowledge, both of which extend and deepen the special and preferential treatment of developing countries. The issue of protection of traditional knowledge has not only made inroads into treaties (via the proposal to amend TRIPS to include disclosure of origin and prior informed consent—Article. 29 bis), but it has also introduced alternatives to foundational intellectual property law principles relating to term of protection and exclusive rights. The ongoing work programme of the World Intellectual Property Organisation’s Genetic Resources, Traditional Knowledge and Folklore committee shows potential for the formulation of an international instrument for the protection of traditional knowledge through recognition of the rights of indigenous peoples.

Australian Intellectual Property Law

2008 ◽  
Author(s):  
Mark J. Davison ◽  
Ann L. Monotti ◽  
Leanne Wiseman
Keyword(s):  
Intellectual Property ◽  
Property Law ◽  
Intellectual Property Law
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