"Preface" [2014] ELECD 913; in Torremans, Paul (ed), "Research Handbook on Cross-border Enforcement of Intellectual Property" (Edward Elgar Publishing, 2014) vii

Book Title: Research Handbook on Cross-border Enforcement of Intellectual Property

Editor(s): Torremans, Paul

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781955796

Section Title: Preface

Number of pages: 2

Extract:

Preface


Intellectual property is nowadays rarely limited in scope to a single
country. The modern intellectual property system is international, almost
by nature, despite its very firm territorial roots. Parallel rights exist in the
various jurisdictions and rights are exploited in various jurisdictions.
The challenge that arises is based on the conception in business that
intellectual property operates at a cross-border level, in combination with
the fact that the reasonable expectation of an effective cross-border enforce-
ment of intellectual property needs to be filled in in practice on a territorial
country by country basis. This collection of essays looks at the cross-border
enforcement and the issues that arise from it from various perspectives.
In a first part various national or regional systems are examined
individually. In some of them there are already special rules for cross-
border cases, whilst in others, and in particular in those of emerging
economies, the focus is still firmly on establishing an effective enforce-
ment system in the jurisdiction itself. Be that as it may, either system will
be needed for an effective cross-border enforcement in the appropriate
particular scenarios.
In a second part, the territorial basis is taken one step further. National
systems necessarily interact and this is where private international law
issues arise. We deal first of all with the traditional private international
law areas such as jurisdiction, choice of law and recognition and
enforcement, but we then consider special issues arising from ubiquitous
cases to the use of ...