Intellectual Property and Private International Law
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By: James J. Fawcett, Paul Torremans
This volume examines the protection and exploitation of intellectual property rights, along with international problems relating to which court has jurisdiction and which is the relevant law in foreign cases and judgments.
AI Overview
The book "Intellectual Property and Private International Law" is a comprehensive treatise authored by James J. Fawcett and Paul Torremans. Here is a detailed overview of the book, including its key themes, plot summary, and critical reception:
Key Themes
Convergence of Intellectual Property and Private International Law: The book explores the recent convergence of intellectual property (IP) and private international law (PIL) as critical disciplines. It delves into the complex interface between these two legal fields, providing a comprehensive analysis of the issues arising from their relationship.
Jurisdiction and Applicable Law: The authors examine how jurisdiction is established in intellectual property disputes and how one identifies the applicable law. This includes discussions on the recognition and enforcement of foreign judgments.
European Union and International Perspectives: The book covers the private international law aspects of intellectual property from common law, European Union, and international perspectives. It discusses recent EU directives, national case law, and the implications of Britain's departure from the European Union.
Recent Legal Developments: The new edition of the book encompasses significant legal developments over the past twelve years. It addresses topics such as the introduction of mandatory exemptions to the Directive on Copyright in the Digital Single Market, new case law from the Court of Justice of the European Union on article 7.2 Brussels I Regulations, and changes in patent law resulting from the introduction of the European Patent with Unitary Effect and the Unified Patent Court.
Plot Summary
The book does not have a traditional plot in the sense of a narrative story. Instead, it is a scholarly work that systematically explores the intersection of intellectual property and private international law. It sets out the main concepts and provides a comprehensive analysis of the issues arising from this relationship. The authors delve into the complexities of establishing jurisdiction, identifying applicable law, and securing the recognition and enforcement of foreign judgments in intellectual property disputes. The book is structured to cover various aspects of this intersection, including legal developments and case studies from different jurisdictions.
Critical Reception
The book is highly regarded in academic and professional circles for its comprehensive and analytical approach to the intersection of intellectual property and private international law. It is considered a seminal work in the field, providing practitioners and researchers with a thorough understanding of the complex issues involved. The new edition has been praised for its inclusion of recent legal developments, making it a valuable resource for those navigating the rapidly evolving landscape of intellectual property and private international law.
Editions and Availability
The book is available in various editions, with the third edition being the most recent. It is published by Oxford University Press and can be found through major academic bookstores and online platforms. Special discounts are available for newly called students and practitioners, and the book is also available in second-hand formats online.