Intellectual Property and International Dispute Resolution (Ieem and International Intellectual Property Law) - Hardcover

Christopher Heath; Anselm Kamperman Sanders

Hardcover

ISBN 10: 904119097X ISBN 13: 9789041190970

Publisher: Wolters Kluwer, 2019

Synopsis

Christopher Heath is a judge at the Boards of Appeal of the European Patent Office and former researcher of the Max Planck Institute in Munich.

Anselm Kamperman Sanders is Professor of Intellectual Property Law and Director of the IPKM Master's Programme at Maastricht University, the Netherlands.

About this book:

Intellectual Property and International Dispute Resolution, the first in-depth treatment of the interface between intellectual property rights and international dispute resolution. The book highlights the different mechanisms of international dispute settlement, having particular regard to cases involving intellectual property law. Investor dispute tribunals, as provided for in many bilateral and multilateral trade agreements, are suspected of intransparency, because proceedings are not public, of unequal treatment, because they give foreign investors a right of action where domestic investors would have none, and of undermining democracy, because they allow democratically enacted laws to be challenged with no possibility of appeal.

What's in this book:

In this important book, a number of prominent legal scholars and practitioners examine the extent to which challenges against domestic legislation based on an alleged direct or indirect expropriation of intellectual property rights may be justified. The contributions cover such aspects as:

• history and current practice of international dispute resolution;
• direct application of international agreements by national courts;
• comparison of investor dispute settlement tribunals with other fora such as the WTO or domestic courts for determining compliance with international intellectual property standards;
• what can be considered 'investment' and 'expropriation' in the field of intellectual property;
• legislative freedom to operate when limiting intellectual property rights, particularly in the field of health and safety; and
• how societal interests could influence future legislation in the field of intellectual property law.
• One major focus of the book are the challenges against tobacco plain packaging legislation before domestic and international courts and tribunals and their outcome.

How this book will help you:

The book's detailed analysis of the nature of investor dispute tribunals and how they may conflict with public interests - and its exploration of possible alternatives - is sure to be of great interest to internationally operating companies, policymakers, practitioners and scholars in both international trade law and intellectual property law.

About this title

About the Author

Christopher Heath (1964) studied law at the Universities of Konstanz, Edinburgh and the LSE. He lived and worked in Japan for three years, and between 1992 and 2005 headed the Asian Department of the Max Planck Institute for Patent, Copyright and Competition Law in Munich. Christopher Heath, who wrote his Ph.D. thesis on Japanese unfair competition prevention law, is a Member of the Boards of Appeal at the European Patent Office in Munich. He can be reached by e-mail at blitzblitzblau@web.de. Anselm Kamperman Sanders (1968) is Professor of Intellectual Property Law, Director of the Advanced Masters Intellectual Property Law and Knowledge Management (IPKM LL.M/MSc), and Academic Director of the Institute for Globalization and International Regulation (IGIR) at Maastricht University, the Netherlands. He acts as Academic Co-director of the Annual Intellectual Property Law School and IP Seminar of the Institute for European Studies of Macau (IEEM), Macau SAR, China and is Adjunct Professor at Jinan University Law School, Guangzhou, China. Anselm holds a Ph.D. from the Centre for Commercial Law Studies, Queen Mary, University of London, where he worked as a Marie Curie Fellow before joining Maastricht University in 1995. He is a member of the European Commission expert group on development and implications of patent law in the field of biotechnology and genetic engineering. He can be reached by e-mail at a.kampermansanders@maastrichtuniversity.nl.

Edition details

• Publisher: Wolters Kluwer
• Publication date: 2019
• Language: English
• ISBN 10: 904119097X
• ISBN 13: 9789041190970
• Binding: Hardcover
• Number of pages: 288
• Editor: Christopher Heath, Anselm Kamperman Sanders