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Product details:
- ISBN 13: 9781108231510
- Author: Xavier Seuba
With The Global Regime for the Enforcement of Intellectual Property Rights Xavier Seuba has filled a legal scientific gap and shed light on the definition and qualification of IPR enforcement from the point of view of international public law in its greatest variety. He provides an overview of different global IP-related international treaties, and how these deal with the subject of the enforcement of IPRs. Furthermore, he analyses the enforcement of IPRs from the perspective of human rights and their protection, in particular in relation to the protection of property and procedural rights, but also in relation to the proportionality of IPR enforcement. This is followed by an analysis of economic studies in the area of IP, which reveals a lack of research on the economic impact of the enforcement of IPRs, in particular as regards the investment necessary to set up and run an enforcement system for IPRs. As Seuba puts it: “Economic estimates of the impact of IP do not generally reflect the net impact of IP.” Finally, the author deals with more traditional aspects of IPR enforcement, such as civil and criminal enforcement, and boarder measures with thought-provoking reflections on the different legal areas of enforcement from a global legal point of view.
Table of contents:
Part I – Foundations of Intellectual Property Enforcementpp 9-92
1 – Intellectual Property Enforcement, from Concept to Practicepp 11-34
2 – Intellectual Property Enforcement and Human Rightspp 35-62
3 – The Economics of Intellectual Property Enforcementpp 63-92
Part II – The International Architecture for the Enforcement of Intellectual Property Rightspp 93-196
4 – International Normative Architecture for the Enforcement of Intellectual Property Rightspp 95-129
5 – International Bodies for the Enforcement of Intellectual Property Rightspp 130-167
6 – Transplantation of the Law as a Technique to Foster New Enforcement Regulationspp 168-196
Part III – Civil Enforcementpp 197-288
7 – Measures for the Preservation of Evidencepp 199-222
8 – Interim Injunctionspp 223-255
9 – The Award of Damagespp 256-288
Part IV – Border Measurespp 289-368
10 – The Global Regime on Border Measurespp 291-326
11 – Border Measures and Free Tradepp 327-352
12 – Border Measures and Human Rightspp 353-368
Part V – Criminal Enforcementpp 369-412
13 – The Global Regime on Criminal Enforcementpp 371-393
14 – Criminal Enforcement and Human Rightspp 394-412
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