viernes, 8 de enero de 2010

Bibliografía - Novedades editoriales

Stefan Leible, Ansgar Ohly (Ed.), "Intellectual Property and Private International Law", Mohr Siebeck, 2009.

The relationship between intellectual property law and private international law has not always been an easy one. To many intellectual property lawyers, private international law seems like an esoteric and complicated field of law with many potential pitfalls. Hence there is a tendency to look for simple, straightforward rules such as the principle of territoriality and the lex loci protectionis rule and to solve more complex issues such as the collision of signs on the internet within substantive law. Private international lawyers, on the other hand, resent the territorial segmentation which results from the application of both principles. The fact that both fields of law are specialist matters, difficult to penetrate for outsiders, has complicated the discourse between both legal disciplines. Nevertheless there is a growing awareness that choice of law issues in this field really matter. The importance of intellectual property rights in a knowledge-based economy is increasing steadily. At the same time, the traditional principles governing the choice of law in intellectual property disputes have come under challenge in a globalized world dominated by internet communication. Eminent American und European scholars of both fields discussed different topics concerning the relationship between intellectual property law and private international law at the Bayreuth Conference "Intellectual Property and Private International Law" (4/5 April 2008). This volume comprises the papers which were presented.

Survey of contents:
-Annette Kur: Are there any Common European Principles of Private International Law with regard to Intellectual Property?
-Rochelle Dreyfuss by Frank Beckstein: The American Law Institute Project on Intellectual Property: Principles Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes
-Peter Mankowski: Contracts Relating to Intellectual or Industrial Property Rights under the Rome I Regulation
-Haimo Schack: The Law Applicable to (Unregistered) IP Rights: After Rome II
-Matthias Leistner: The Law Applicable to Non-Contractual Obligations Arising from an Infringement of National or Community IP Rights
-Graeme B. Dinwoodie: Extra-Territorial Application of IP Law: A View from America
-Pedro A. de Miguel Asensio: The Private International Law of Intellectual Property and of Unfair Commercial Practices: Convergence or Divergence?
-Paul L.C. Torremans: The Way Forward for Cross-Border Intellectual Property Litigation: Why GAT Cannot Be the Answer
-Markus Norrgård: A Spider Without a Web? Multiple Defendants in IP Litigation
-Stefan Luginbühl: The Future of Centralised Patent Litigation in Europe: Between the EPLA and the EU Patent Judiciary
-Axel Metzger: Jurisdiction in Cases Concerning Intellectual Property Infringements on the Internet. Brussels-I-Regulation, ALI-Principles and Max-Planck-Proposals

Intellectual Property and Private International Law.
Ed. by Stefan Leible and Ansgar Ohly
Mohr Siebeck, 2009
VIII, 270 pages - 59 euros
ISBN 978-3-16-150055-8

Zheng Sophia Tang, "Electronic Consumer Contracts in the Conflict of Laws", Hart Publishing, Oxford, 2009.

The application of private international law to electronic consumer contracts raises new, complex, and controversial questions. It is new because consumer protection was not a private international law concern until very recently and e-commerce only became an important commercial activity within the last ten years. E-consumer contracts generate original questions which have not been considered under traditional private international law theories. It is complex because it has to deal both with difficulties raised by consumer contracts and the challenges of e-commerce. Reasonable resolutions to consumer contracts may prove inappropriate in e-commerce, while effective approaches to resolving private international law problems in e-commerce may be improper for consumer contracts. It is controversial because it concerns the conflicting interests of consumers and businesses in a fast-moving commercial environment - a fair balance is therefore hard to achieve.
Without proper solutions provided by private international law, consumers will not be confident about purchasing online, and businesses will face unreasonable risk and participation costs in e-commerce. Updated and properly designed private international law rules are essential to the further development of e-commerce. This book aims to provide an answer to the urgent requirement for legal certainty, security and justice in e-consumer contracts. It is primarily concerned with existing approaches to jurisdiction and choice of law issues in e-consumer contracts in the European Community and England, but some typical approaches in other jurisdictions are also examined. Based on the analysis and the comparative study of the existing law, the book seeks to provide a proposal as to what the law should be in order to provide certainty to both parties, to provide reasonable protection to consumers, and to promote the development of e-commerce.

Electronic Consumer Contracts in the Conflict of Laws
Zheng Sophia Tang
Hart Publishing, 2009
348 pages - £50.00
ISBN: 1841138479 // 9781841138473

Peter Hay, Lajos Vekas, Nenad Dimitrijevic (Ed.), "Resolving International Conflicts: Liber Amicorum Tibor Varady", Central European University Press, 2009.

This title includes scholarly legal texts dedicated to Tibor Varady, in honor of his seventieth birthday. While focusing on international private law and international arbitration, the essays also address the questions of constitutional law and legal philosophy. State-of-the-art contributions, covering a wide scope from the practical analysis of American arbitration policy and the position of the USA vis-a-vis international law, through the latest developments in German legal practice, to theoretical issues of jurisdiction. Especially rich is the volume in exploring the legal dimension of the European integration process. Tibor Varady is Professor at the Legal Studies Department of the Central European University in Budapest, and Chairman of the International Business Law Program. Member of the Hague Permanent Court of Arbitration, Varady served as Minister of Justice of Serbia in 1992-1993.

-John J. Barceló III, Expanded judicial review of awards after Hall Street and in comparative perspective
-David J. Bederman, Tibor Várady’s advocacy before the international court of justice
-Peter Behrens, From “real seat” to “legal seat”: Germany’s private international company law revolution
-László Burián, The impact of community law on the determination of the personal law of companies
-Richard M. Buxbaum, Public law, Ordre public and arbitration: a procedural scenario and a suggestion
-Richard D. Freer, Forging American arbitration policy: judicial interpretation of the Federal Arbitration Act
-Guy Haarscher, The decline of free thinking
-Attila Harmathy, Questions of arbitration and the case law of the European court of justice
-Peter Hay, Recognition of a recognition judgment within the European Union: “double exequatur” and the public policy barrier
-László Kecskés, European Union legislation and private international law: a view from Hungary
-János Kis, Constitutional democracy: outline of a defense
-Ferenc Mádl, The European dream and its evolution in the architecture of the treaties of integration
-Vladimir Pavi, ‘Non-signatories’ and the long arm of arbitral jurisdiction
-Hans-Eric Rasmussen-Bonne, The pendulum swings back: the cooperative approach of German courts to international service of process
-Kurt Siehr, Internationale schiedsgerichtsbarkeit über kulturgut-streitigkeiten
-Lajos Vékás, About the Rome II regulation: the European unification of the conflict rules to torts
-Johan D. van der Vyver, The United States and the jurisprudence of international tribunals

Resolving International Conflicts: Liber Amicorum Tibor Varady
Peter Hay, Lajos Vekas, Nenad Dimitrijevic (Ed.)
Central European University Press, 2009
248 pages - £31'95
ISBN: 9639776467 // 978-9639776463
More information about this book on Conflict of Laws .Net

Nota: Para más información sobre las tres obras véase Conflict of Laws .Net

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