Cross-Border Enforcement of Intellectual Property Rights

2021 ◽  
Author(s):  
Paul Torremans ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
International Agreements ◽  
Research Review ◽  
Border Enforcement ◽  
Cross Border ◽  
Recognition And Enforcement ◽  
The Subject ◽  
Selection Of

This research review discusses an important selection of research articles and papers on the cross-border enforcement of intellectual property rights. The selected texts examine the subject from a variety of important perspectives including economics, international agreements, patents, trade secrets, copyright, trademarks, recognition and enforcement. This review is an insightful and valuable resource for all those with an eye on the field.

Ch.3 International Exhaustion of Rights

2020 ◽  
Author(s):  
Correa Carlos Maria
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Subject Matter ◽  
Dispute Settlement ◽  
Foreign Market ◽  
Trips Agreement ◽  
Parallel Imports ◽  
The Subject ◽  
Domestic Law

This chapter focuses on the issue of exhaustion of rights. Article 6 disclaims any intent in the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement to limit the Members’ freedom to regulate the issue of exhaustion of rights with regard to all types of intellectual property rights (IPRs). It declares the admissibility of the international exhaustion of rights, that is, the possibility of legally importing into a country a product protected by intellectual property rights, after the product has been legitimately put on the market in a foreign market. These imports—made by a party without the authorization of the title-holder but equally legal—are generally known as ‘parallel imports’. Moreover, Article 6 of the TRIPS Agreement has left Member countries freedom to incorporate the principle of exhaustion of rights into their domestic law with a national, regional, or international reach. The issue as such cannot be the subject matter of a dispute settlement under the Agreement.

scholarly journals The Impacts of Intellectual Property Rights Protection on Cross-Border M&As

2017 ◽  
Vol 07 (03) ◽  
pp. 1750005
Author(s):  
Iftekhar Hasan ◽  
Fahad Khalil ◽  
Xian Sun
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Developing Economies ◽  
Difference In Differences ◽  
Rights Protection ◽  
Cross Border ◽  
Intellectual Property Rights Protection ◽  
Property Rights Protection ◽  
Ipr Protection

We investigate the impacts of improved intellectual property rights (IPR) protection on cross-border M&A performance. Using multiple measures of IPR protection and based on generalized difference-in-differences estimates, we find that countries with better IPR protection attract significantly more hi-tech cross-border M&A activity, particularly in developing economies. Moreover, acquirers pay higher premiums for companies in countries with better IPR protection, and there is a significantly higher acquirer announcement effect associated with these hi-tech transactions.

Part III Jurisdiction, Foreign Judgments and Awards, 14 Limitations on Jurisdiction

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Subject Matter ◽  
The Subject

This chapter discusses the limitations of the English courts' jurisdiction under the traditional rules. It first considers three types of limitations: limitations that affect the subject matter of the issue, limitations that affect the kind of relief sought, and limitations relating to persons between whom the issue is joined. It also explains limitations on jurisdiction imposed by certain statutes before addressing jurisdiction in respect of foreign property such as foreign immovables and intellectual property rights. Furthermore, it describes jurisdiction over the parties, focusing on persons who cannot invoke the jurisdiction and those who may claim exemption from the jurisdiction. The chapter concludes with an overview of statutory limitations on jurisdiction.

Intellectual Property and Economic Development

2020 ◽  
Keyword(s):  
Intellectual Property ◽  
Economic Effects ◽  
Research Review ◽  
Policy Makers ◽  
Technology Markets ◽  
Considerable Debate ◽  
Recognition And Enforcement ◽  
The Subject ◽  
National Economies

The economic impact of intellectual property rights has been the subject of considerable debate and research. This engaging research review discusses literature by distinguished scholars who have addressed, from different perspectives and in different contexts, how such rights help to shape goods and technology markets. The economic effects of intellectual property vary depending on the sectors involved, the level of development of the countries where they apply, and the policies implemented to govern their recognition and enforcement. Written by an expert in the field, this review is essential reading for academics, students, professionals and policy makers interested in understanding the role of intellectual property in national economies as well as in an international dimension.

Specific Notarial Protection of the Testator's Exclusive Rights: Kazakh and International Experience

2019 ◽  
Vol 10 (3) ◽  
pp. 770
Author(s):  
Karlygash Asilkhanovna JUMABAYEVA ◽  
Lola Furkatovna TATARINOVA ◽  
Gulnaz Tursunovna ALAYEVA ◽  
Saule Zhusupbekovna SULEIMENOVA ◽  
Danila Vladimirovich TATARINOV
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
International Experience ◽  
Copyright Holder ◽  
Main Function ◽  
Legal Practice ◽  
The Subject ◽  
The Republic ◽  
The Right

This study is concerned with one of the most burning issues of intellectual property rights, namely the notarial protection of the testator's exclusive rights. The article analyzes the Kazakh and international experience in solving this issue. In the course of the study, the authors obtained the following results: - In legal practice, the non-acceptance of inheritance and refusal to inherit exclusive rights have their specific features; - It is proposed to supplement the existing civil legislation on the protection of the testator's copyrights. ‘Kazakhstan Authors' Society’ conducts its activities in the territory of the Republic of Kazakhstan. Its main function is to manage the property rights of authors. This management includes the issuance of permits to use deliverables on behalf of authors, as well as the collection, distribution and payment of royalties. It has been established that a notary has the right to apply to ‘Kazakhstan Authors' Society’ to determine one's authorship. The authors have revealed that the current Kazakh legislation does not state the creation time of some deliverable and does not provide for the notarial certification of a web page (in case of copyright infringement). Thus, a notary takes measures to protect the intellectual property rights owned by the copyright holder that might become the subject of succession.

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