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- Cambridge University Press
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- 658 g
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The Global Regime for the Enforcement of Intellectual Property Rightsav Xavier Seuba349
In The Global Regime for the Enforcement of Intellectual Property Rights, Xavier Seuba offers a comprehensive description of the international norms and bodies dealing with the enforcement of intellectual property rights. The book analyzes multilateral, plurilateral, and bilateral treaties, and their national implementation, along with civil, border, and criminal enforcement. The book also explores the interface between the enforcement of intellectual property rights and the norms regulating international trade, competition, and human rights, as well as the conceptual and systemic aspects of enforcement, while illustrating the importance of these rights with examples in litigation. The book should be read by anyone interested in how intellectual property rights are being enforced around the world, and how these efforts relate to other legal regimes.
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'This book fills a major gap in the literature on intellectual property law. The scope, depth, and clarity - despite the complexity of the issues addressed - of the analysis made by Xavier Seuba provide the reader, whether a scholar, practitioner, or policy-maker, with an indispensable resource to understand as well as design and implement enforcement rules consistently with fundamental rights.' Carlos Correa, Director of the Center for Interdisciplinary Studies on Industrial Property and Economics, University of Buenos Aires
'If enforcement represents a crucial element of the intellectual property system, so far it has been the object of surprisingly little attention by scholars and a major conceptualization of the topic has been lacking. Seuba's book perfectly fills that gap and proposes a profound analysis of the theoretical foundations and international architecture of the enforcement of IP rights, without omitting more technical and practical aspects, such as civil and criminal procedures and the complex topic of border measures. In short, this volume offers an important contribution to IP scholarship and is a must-read for anyone interested in the topic of IP enforcement.' Christophe Geiger, Center for International Intellectual Property Studies (CEIPI), Universit de Strasbourg
'Xavier Seuba's book is the first comprehensive study on intellectual property rights enforcement issues. Such topics have acquired prominence since the adoption of the WTO TRIPS Agreement, which provided the first ever structural treatment of international enforcement rules. Since then, new trade agreements have added layers of complexity to this less explored area of the law that, according to Seuba, has 'a capital importance in any legal system'. In this context, Seuba makes a major contribution by systematically analyzing this evolving regime. He does this in a multifaceted form with particular emphasis on the intersection of different regimes, including fundamental rights and dealing with conceptual, economic, and legal issues. His comparative analysis is innovative and well executed. This volume is a tour de force and a major resource for scholars, judges, practitioners, and policymakers.' Pedro Roffe, International Centre for Trade and Sustainable Development, Geneva
'Xavier Seuba's book on the global regime for intellectual property enforcement is a tremendous achievement that synthesizes legal developments and empirical studies from around the world. Understanding the mechanisms for IP enforcement is critical to assessing the impact of underlying substantive rules, and to informing the progressive development of those rules. Seuba persuasively argues for an improved human rights lens to calibrate the strength of enforcement mechanisms. This book is important for practicing lawyers as well as scholars. It comprehensively describes the national and international rules and judicial decisions most relevant to IP enforcement.' Frederick M. A...
Xavier Seuba, Ph.D., is Senior Lecturer at the Centre d'tudes Internationales de la Proprit Intellectuelle (CEIPI) of the Universit de Strasbourg. At CEIPI he is Academic Coordinator and Judicial Training Manager, and coordinates the CEIPI-BETA Project in the Law and Economics of Intellectual Property. He teaches courses in various European and American universities in international intellectual property law, international health law, and international economic law. His research is focused on intellectual property enforcement, intellectual property and health, and the economics of intellectual property. Seuba has advised national governments and has also been a consultant for several international organizations.
Introduction; Part I. Foundations of Intellectual Property Enforcement: 1. Intellectual property enforcement, from concept to practice; 2. Intellectual property enforcement and human rights; 3. The economics of intellectual property enforcement; Part II. The International Architecture for the Enforcement of Intellectual Property Rights: 4. International normative architecture for the enforcement of intellectual property; 5. International bodies for the enforcement of intellectual property rights; 6. Transplantation of the law as a technique to foster new enforcement regulations; Part III. Civil Enforcement: 7. Measures for the preservation of evidence; 8. Interim injunctions; 9. The award of damages; Part IV. Border Measures: 10. The global regime on border measures; 11. Border measures and free trade; 12. Border measures and human rights; Part V. Criminal Enforcement: 13. The global regime on criminal enforcement; 14. Criminal enforcement and human rights; Epilogue; Bibliography; Index.