Injunctions in Private Law

Injunctions in Private Law
Author: David Capper
Publisher: Edward Elgar Publishing
Total Pages: 353
Release: 2024-08-06
Genre: Law
ISBN: 1785365746

Injunctions in Private Law presents the key principles, rules and case law relating to the granting of injunctions as remedies in private law. This authoritative work addresses a range of legal infringements namely nuisance, trespass, invasion of privacy, breach of contract and the infringement of intellectual property rights.

Injunctions against Intermediaries in the European Union

Injunctions against Intermediaries in the European Union
Author: Martin Husovec
Publisher: Cambridge University Press
Total Pages: 296
Release: 2017-11-30
Genre: Law
ISBN: 1108244467

In the European Union, courts have been expanding the enforcement of intellectual property rights by employing injunctions to compel intermediaries to provide assistance, despite no allegation of wrongdoing against these parties. These prospective injunctions, designed to prevent future harm, thus hold parties accountable where no liability exists. Effectively a new type of regulatory tool, these injunctions are distinct from the conventional secondary liability in tort. At present, they can be observed in orders to compel website blocking, content filtering, or disconnection, but going forward, their use is potentially unlimited. This book outlines the paradigmatic shift this entails for the future of the Internet and analyzes the associated legal and economic opportunities and problems.

Injunctions in Patent Law

Injunctions in Patent Law
Author: Jorge L. Contreras
Publisher: Cambridge University Press
Total Pages: 363
Release: 2022-05-12
Genre: Law
ISBN: 1108835619

Explains how the tailoring of injunctions in patent law works in Europe, the United States, Canada, and Israel.

Anti-suit Injunctions in International Arbitration

Anti-suit Injunctions in International Arbitration
Author: Emmanuel Gaillard
Publisher: Juris Publishing, Inc.
Total Pages: 372
Release: 2005-03-01
Genre: Law
ISBN: 1929446608

IAI Series No. 2 The International Arbitration Institute (IAI) series on international arbitration is a new periodic series of publications that will focus on cutting edge issues and developments in international arbitration. About the IAI: The International Arbitration Institute (IAI), an organization created under the auspices of the Comité Français de ľ Arbitrage (CFA), was created to promote exchanges in international arbitration. The IAI is designed to promote exchanges on current issues in the field of international commercial arbitration. Its activities include the regular organization of international conferences, colloquiums, as well as conducting various research projects. About the Book: Anti-suit injunctions are a device, originally found in common law countries, whereby a court - which retains its jurisdiction or anticipates to do so and which seeks to protect that jurisdiction or, more generally, the jurisdiction of the forum it deems to be the most appropriate - orders a party to refrain from bringing a claim before the courts of another State or before an arbitral tribunal or, if the party has already brought such a claim, orders that party to withdraw from, or the arbitrators to suspend, the proceedings. In the past few years, the use of anti-suit injunctions in the context of international arbitration has been spreading at a disturbing pace. The courts of many common law countries but also those of civil law tradition frequently resort to this device at a party's request, in order to disrupt the arbitration process or resist the enforcement of the award. How best to resolve those conflicts arising as a result of national courts' differing perspectives on the validity and scope of certain arbitration agreements? Are anti-suit injunctions in conformity with the requirements of public international law? When the courts of certain States enjoin a party to refrain from proceeding with an arbitration, should other courts enjoin them not to enjoin, or should they, like the U.S. Court of Appeal for the 5th Circuit in the Pertamina case, exercise a commandable "self-restriction"? These are just a few of the issues addressed in Anti-Suit Injunctions in International Arbitration.

Freezing Injunctions in Private International Law

Freezing Injunctions in Private International Law
Author: Filip Šaranović
Publisher: Cambridge University Press
Total Pages: 277
Release: 2022-10-27
Genre: Law
ISBN: 1316511901

Based on author's thesis (doctoral - University of Cambridge, 2017) issued under title: Private international law aspects of freezing injunctions.

Injunctions

Injunctions
Author: Owen M. Fiss
Publisher:
Total Pages: 1272
Release: 1984
Genre: Law
ISBN:

Commercial Remedies: Resolving Controversies

Commercial Remedies: Resolving Controversies
Author: Graham Virgo
Publisher: Cambridge University Press
Total Pages: 625
Release: 2017-08-24
Genre: Law
ISBN: 1316764559

The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.

Patent Remedies and Complex Products

Patent Remedies and Complex Products
Author: C. Bradford Biddle
Publisher: Cambridge University Press
Total Pages: 379
Release: 2019-06-27
Genre: Business & Economics
ISBN: 1108426751

Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.