Paul Torremans

Intellectual property and private international law

SECTION I: JURISDICTION 1. Creation and validity of intellectual property rights: jurisdiction 2. Entitlement to the grant and ownership of intellectual property rights: jurisdiction 3. Contracts in relation to the exploitation of intellectual property rights: jurisdiction 4. Infringement: preliminary matters 5. Infringement: jurisdiction under the European Community/European Free Trade Area rules 6. Infringement: jurisdiction under the traditional rules 7. European Community rights: jurisdiction 8. Complementary torts and other causes of action: jurisdiction SECTION II: THE APPLICABLE LAW 9. Choice of law elements in the intellectual property conventions 10. Creation, scope and termination of intellectual property rights: the applicable law 11. Contracts in relation to the exploitation of intellectual property rights: the applicable law 12. Infringement: the applicable law 13. Complementary torts and other causes of action: the applicable law SECTION III: RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS 14. Recognition and enforcement of foreign judgments in intellectual property cases

The Patentability of Human Embryonic Stem Cells in Europe

Applicants in Europe are left with few options for the patent protection of hES cell–related technology.

Holyoak and Torremans intellectual property law

A. INTRODUCTION B. PATENTS C. COPYRIGHT AND RELATED ISSUES D. DESIGNS E. TRADE MARKS AND OTHER IMAGE RIGHTS F. ISSUES IN INTELLECTUAL PROPERTY

Cheshire, North and Fawcett: Private International Law

PART I: INTRODUCTION PART II: PRELIMINARY TOPICS PART III: JURISDICTION, FOREIGN JUDGMENTS AND AWARDS PART IV: THE LAW OF OBLIGATIONS PART V: FAMILY LAW PART VI: THE LAW OF PROPERTY

The Agenda for the Future

China’s accession to the WTO and TRIPS heralded massive changes in Chinese intellectual property (IP) law. This book asks whether all aspects of Chinese law and practice are now TRIPs compliant. The study offers both Chinese and European perspectives.

Legal Problems Raised by Patents on Human Stem Cell-Based Inventions

A non-expert audience may be surprised by the mere idea that inventions based on human stem cells can be patented. But the starting point is clearly that living material is patentable. Both US law, especially since the Supreme Court’s decision in Diamond v. Chakrabarty, 447 U.S. 303 (1980), and EU law, where article 5(2) of Directive 98/44 on the legal protection of biotechnological inventions, [1998] OJ L213/13, reads ‘An element isolated from the human body or otherwise produced by means of a technical process, including the sequence or partial sequence of a gene, may constitute a patentable invention, even if the structure of that element is identical to that of a natural element’, have adopted this starting point quite a while ago. The fact that there is no exclusion in principle for living material does however not mean that any living material can be patentable in any circumstances.

Intellectual Property and TRIPS Compliance in China

China’s accession to the WTO and TRIPS heralded massive changes in Chinese intellectual property (IP) law. This book asks whether all aspects of Chinese law and practice are now TRIPs compliant. The study offers both Chinese and European perspectives.

Research Handbook on Copyright Law

This second edition is a timely presentation of the state-of-the-art in copyright research. Copyright law is currently at the centre of many debates and the subject of substantive new developments. The new edition of the Research Handbook captures these fast moving developments and goes far beyond a mere update of the chapters. All of the topical chapters are completely new and the authors have been chosen for their expertise and excellence in the areas concerned. Research Handbook on Copyright Law offers global coverage, both in terms of substance and in terms of author expertise, and maps both the present and future of the discipline. It will prove an invaluable research tool for all those involved in copyright research who wish to keep up with the pace at which this area of law is evolving.

Research handbook on cross-border enforcement of intellectual property

Contents: PART I: NATIONAL AND REGIONAL ASSESSMENTS 1. Cross Border Enforcement of Intellectual Property Rights in U.S. Law Marshall Leaffer 2. Cross-Border Enforcement of Intellectual Property in China Shan Hailing 3. The Cross-Border Enforcement of Intellectual Property Rights in Thailand Tosaporn Leepuangtham 4. Cross-Border Enforcement of Intellectual Property: Japanese Law and Practice Toshiyuki Kono 5. Enforcement of Intellectual Property Rights in Vietnam Nguyễn Hồ Bich Hằng 6. Cross-Border Enforcement of Intellectual Property : The European Union Olivier Vrins & Marius Schneider 7. Cross-Border Enforcement of Intellectual Property : Africa Marius Schneider & Vanessa Fergusson PART II A PRIVATE INTERNATIONAL LAW PERSPECTIVE 8. Jurisdiction in Intellectual Property Cases Paul Torremans 9. Choice Of Law in Ip: Rounding Off Territoriality Carmen Otero Garcia-Castrillon 10. Recognition And Enforcement Of Judgments: Recent Developments Pedro A. De Miguel Asensio 11. Ubiquitous and Multistate Cases Sophie Neumann 12. The Creation and Enforcement of Security Interests in Intellectual Property Rights: Choice-of-Law Issues Stefania Bariatti 13. Cross-Border Injunctions Paul Torremans PART III JUDGES AND ARBITRATORS 14. International Enforcement of Intellectual Property: the Approach of the English Courts Peter Ellis 15. The Specificity of Intellectual Property Arbitration Francois Dessemontet 16. Online Dispute Resolution - The Phenomenon of the Udrp Andrew F. Christie PART IV: SPECIAL ISSUES 17. Making Sense of Article 13 of the Enforcement Directive - Monetary Compensation for the Infringement of Intellectual Property Rights Trevor Cook 18. Challenges for the Enforcement of Copyright in the Online World: Time for a New Approach Christophe Geiger 19. Acta and Cross-Border Enforcement of Intellectual Property Michael Blakeney 20. Why are the Trips Enforcement Provisions Ineffective? Peter K. Yu 21. The Role of Internet Service Providers in Copyright Infringements on the Net Under Eu Law Irini Stamatoudi 22. Copyright Enforcement on the Internet in the European Union: Hyperlinks and Making Available Right Emanuela Arezzo

Substantive Law Issues in Europe a Decade after TRIPS

China’s accession to the WTO and TRIPS heralded massive changes in Chinese intellectual property (IP) law. This book asks whether all aspects of Chinese law and practice are now TRIPs compliant. The study offers both Chinese and European perspectives.