The Global Regime for the Enforcement of Intellectual Property Rights

by Xavier Seuba

Overview

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.

Product Details

ISBN-13:	9781108400893
Publisher:	Cambridge University Press
Publication date:	03/21/2019
Pages:	479
Product dimensions:	5.98(w) x 9.06(h) x 0.98(d)

About the Author

Xavier Seuba, Ph.D., is Senior Lecturer at the Centre d'Études Internationales de la Propriété Intellectuelle (CEIPI) of the Université 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.

Table of Contents

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.

Editorial Reviews

‘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), Université 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. Abbott, Edward Ball Eminent Scholar, Florida State University College of Law

'This comprehensive, scholarly, and interdisciplinary study could not have been published at a better time, when countries are busy searching for ways to provide appropriate and effective enforcement of intellectual property rights. This book not only provides a detailed analysis of the different aspects of intellectual property enforcement, but also provokes us to rethink what measures will best achieve the intended goals of an intellectual property system. A must read for anybody engaging with law and policy in this area.' Peter K. Yu, Director, Center for Law and Intellectual Property, Texas A & M University School of Law

From the Publisher