The enforcement of patent rights raises complex, and, from a private international law perspective, unique difficulties. Since intellectual property practitioners started to seek the consolidation of cross-border patent disputes, the interplay of private international rules has led to drastic changes in patent litigation across Europe. This book analyses in detail both the European rules on jurisdiction (the Brussels Convention and its successors) and the choice of law rules as they apply to cross-border patent disputes, and will be essential reading for both intellectual property lawyers and international commercial litigation specialists.; At the jurisdictional stage, the basic question is whether the current jurisdictional framework provides a basis for the concentration of related litigation. For jurisdictional purposes, patent enforcement is a tort. Accordingly, cross-border patent enforcement attempts may generally be undertaken at the forum of the defendant’s domicile, the place of the tort, and, as far as provisional measures are concerned, another forum with a sufficient connection to the dispute. On the other hand, the application of the current jurisdictional framework to international patent infringement disputes leads to significant difficulties such as the pre-emptive effect of proceedings pending abroad or the jurisdictional consequences of a patent validity challenge.; At the choice of law stage, this book provides a comparative overview of the rather unexplored issues arising in multinational patent enforcement. De lege Fernanda, it seems that, because of the territorial nature of patents, a distributive application of the law of the protecting State (lex loci protectionis) appears to be the most consistent choice of law rule.
| Category: | Intellectual Property |
|---|
Related products
-
Intellectual Property: Commentary & Materials, 6th Edition
RM600.00Author: David Price, Colin Bodkin, Fady Aoun
ISBN13: 9780455238685Published: March 2017Publisher: Thomson Reuters AustraliaCountry of Publication: AustraliaFormat: PaperbackRM623.00 -
The Annotated Trademarks Act 2019
RM250.00he introduction of the Trademarks Act 2019 to pave the way for Malaysia to join the Madrid Protocol saw the repeal of the Trademarks Act 1976. The implementation of the Trademarks Act 2019 is a major change to the Malaysian trademark regime, bringing it in line with the trademark statutes in other major jurisdictions including the UK and Singapore. This publication, The Annotated Trademarks Act 2019, provides invaluable section-by-section annotations to the Trademarks Act 2019, throwing light on the application and interpretation of the provisions of the Act. It is certainly a resource which will greatly assist in the understanding and application of the new trademark system in Malaysia.
The key terms and phrases in each section are explained by reference to local and foreign case law as well as academic writing. This publication facilitates quick and easy research with the inclusion of cross-reference from the provision being annotated to comparative provisions from other jurisdictions. The annotations should prove to be very useful for lawyers, judges, trademarks agents, court officers and law students. Written by a legal practitioner with vast knowledge and experience on matters relating to Intellectual Property Law and who was accorded the accolade of the Asia law Regional Award 2019 for Outstanding Practitioner in Malaysia, there is no doubt this publication will serve as an excellent reference which is insightful, practical, authoritative and enabling a confident understanding of the workings of the Act.
Key Features
- Section-by-section annotations to the Trademarks Act written in simple and straightforward style.
- Annotations supported by copious citation of case authorities.
- Procedural requirements stipulated by the Trademarks Regulations are included to supplement the workings of the Act.
- All defined terms are identified with direct cross-references to the provision where each definition is found.
- Comparative provisions from Singapore, UK and Australia Trademark statutes are provided where available to aid further research.
- Clear page guides assist the user to locate a specific provision or Part of the Act quickly and efficiently.
- Supplemented by detailed index for easy access to the annotations.
- Includes the full text of the Trademarks Regulations 2019
-
INTELLECTUAL PROPERTY : PATENTS, COPYRIGHT, TRADE MARKS AND ALLIED RIGHTS SEVENTH EDITION ( IN FAIR CONDITION )
RM262.00Cornish & Llewelyn’s Intellectual Property has developed a reputation amongst IP academics and practitioners as an accurate, straight forward in depth guide to every aspect of Intellectual Property law. For the student the analysis of every area guides the reader whilst prompting questions and issues for the reader to develop further. As a “flip and find” practitioner reference work IP professionals will rarely allow their copy to gather dust.
-
LexisNexis Essential Reference – Intellectual Property (Patent)
RM250.00Authors: LexisNexis
Publisher: LexisNexisThe grant of patent in Malaysia is governed by the Patent Act 1983 and the Patents Regulations 1986 which came into force on 1 October 1986. These statutes also govern the validity of patent rights for inventions in Malaysia. The Act has repealed the earlier system of registering patents in the UK and re-registering them in Malaysia. The Act provides not only for the grant of patents but also for the grant of ‘petty’ patents which are also known as ‘utility innovations’. This is to cover the ‘lesser’ inventions which may not be covered under the stringent requirements laid down for the grant of a patent. This is to encourage and support creativity in inventions.
-
Malaysian Specialist Intellectual Property and Construction Courts: Practice & Procedure
RM200.00- Publication Date : Dec – 2020
- Author : Dato Lim Chong Fong
- ISBN : 9789672919162
- Format : Hardcover + eBook
- Country : Malaysia
-
Ambush Marketing and Brand Protection Law and Practice Second Edition
RM870.00ALL PRICES ARE SUBJECT TO CURRENCY FLUCTUATION. PLEASE CALL IN FOR PRICES.
- The only book specifically focussed on the protection of major event sponsorship and laws to control ambush marketing
- Detailed treatment of the laws relating to ambush marketing in the UK and other jurisdictions including the US, Australia, New Zealand, Canada and South Africa, as well as some European countries
- Invaluable guidance for brand owners and their legal advisors on how to protect their brand and their investment in sponsoring major events
New to this Edition:
- New chapter examining the principles and common clauses in sponsorship contracts as well as the differing types of sponsorship relationship
- Covers recent developments including concerns about the distinctiveness of marks such as ‘WORLD CUP’ and ‘LONDON 2012’
- Considers recent cases relating to the filing of marks in bad faith, trade mark use, the meaning of taking ‘unfair advantage’ and the meaning of ‘detriment’ in relation to dilution
- New section on the Company Names Adjudicator
- Increased geographical coverage
Ambush marketing is any attempt to create an unauthorised or false association with an event thereby interfering with the legitimate contractual rights of the event’s official marketing partners. Looking at both traditional intellectual property rights (such as trade marks, copyright and designs) as they relate to sporting events, and event-specific legislation (such as that of the Olympics), this book gives comprehensive and detailed coverage of ambush marketing. Also considered are the areas of law which can be used to prevent ambush marketing by intrusion (such as laws to prevent fly postering, street trading, the placing of posters and billboards, and control of aerial space). With the United Kingdon hosting three major events; the Olympic and Paralympic Games in 2012; the Commonwealth Games in 2014; and the Rugby World Cup in 2015, this new edition provides a timely and topical update on the area. A materials section is included providing ‘ambush marketing’ specific legislation both in the UK and other countries.
Table of Contents
Part A – Ambush Marketing, Concepts, Developments, and Incidents
1:Ambush Marketing
2:The Evolution of Ambush Marketing Laws
Part B- Ambush Marketing: United Kingdom and European Union Law
3:Trade Marks and Merchandising
4:Passing Off, Copyright, and Decisions and Related Rights
5:Symbols and Emblems
6:Sui Generis Protection against Ambush Marketing By Association
7:Licensing, Broadcasting, and Exhaustion
8:Advertising and Trade Regulation
9:Selling Tickets or Using them for Promotional Purposes
10:Civil and Criminal Proceedings and Border Control
Part C: Ambush Marketing: Laws around the World
11:Australia
12:Canada
13:New Zealand
14:South Africa
15:United States -
LexisNexis Essential Reference – Intellectual Property (Trademarks)
RM250.00Authors: LexisNexis
Publisher: LexisNexisThe registration of trademarks in Malaysia is governed by the Trade Marks Act 1976 and Trade Marks Regulations 1997. Registration of a trademark conveys exclusive rights to the registered proprietor to use the mark on the goods or services for which the mark is registered. A trademark registration is valid for ten years and it is renewable. A trademark owner can be an individual, business organisation or any legal entity. Any mark proposed to be used in relation to goods or services to indicate a connection in the course of trade between the goods or services and the person having the right to use the mark can be registered.








