
The Global Regime for the Enforcement of Intellectual Property Rights
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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), Universite 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 LawMore details
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