Widely used since its first edition, this incomparable practical resource for lawyers presents an article-by-article commentary and analysis on the instruments of intellectual property law, both European and international,applicable in Europe. This new edition is brought up to date with the continuing harmonization of rules, practice, and procedure in the field.
Twenty-six prominent practitioners, officials, and academics provide straightforward explanations of the principles of law to be drawn from each provision, taking the newest case law fully into account. Offering expert assistance in facilitating access to, and use of, what sometimes are complex rules, the book sets out and annotates the provisions of the TRIPS Agreement – backbone of the international law
of intellectual property protection – followed by text with commentary on the Paris Convention and the key instruments in European Union law. With the guidance of this book practitioners will proceed confidently in such areas as the following:
- rules on procedural rights and obligations both for civil and administrative procedures;
- standards on registration of rights;
- jurisprudence of panels and the Appellate Body of the WTO;
- standards of protection concerning right of priority, independence of rights, and other key issues;
- which court has jurisdiction in respect of litigation on various matters;
- recognition and enforcement of judgements in civil and commercial matters throughout the EU;
- customs action against goods suspected of infringement;
- initiation of proceedings against an infringer;
- application of art. 101(3) of the TFEU (formerly art. 81(3) of the Treaty) to technology transfer agreements;
- block exemption regulations;
- measures, procedures, and remedies aiding the gathering and preservation of evidence of infringement;
- initiating prompt proceedings to put an end to an infringement;
- entitlement of right-holders to full compensation for prejudice suffered;
- uniform conflict-of-law rules relating to non-contractual obligations.
No other source offers practitioners such a rapid understanding of all the provisions of intellectual property law in force in Europe. Any procedural or substantive detail is easily found, so the reader will gain a rapid appreciation of the meaning and effect of any provision of interest.