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Injunctions --- Provisional remedies --- -Provisional remedies --- Anti-injunction law --- Equitable remedies --- Extraordinary remedies --- Interdict (Civil law) --- -Injunctions --- Civil procedure --- Remedies (Law) --- Actions and defenses --- Constitutional law --- Injunctions - European Union countries. --- Provisional remedies - European Union countries.
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Patents are important tools for innovation policy. They incentivize the creation and dissemination of new technical solutions and help to disclose their working to the public in exchange for limited exclusivity. Injunctions are important tools of their enforcement. Much has been written about different aspects of the patent system, but the issue of injunctions is largely neglected in the comparative legal literature. This book explains how the drafting, tailoring and enforcement of injunctions in patent law works in several leading jurisdictions: Europe, the United States, Canada, and Israel. The chapters provide in-depth explanation of how and why national judges provide for or reject flexibility and tailoring of injunctive relief. With its transatlantic and intra- European comparisons, as well as a policy and theoretical synthesis, this is the most comprehensive overview available for practicing attorneys and scholars in patent law. This book is also available as Open Access on Cambridge Core.
Patent suits. --- Injunctions. --- Patent laws and legislation --- Patent litigation --- Actions and defenses --- Civil procedure --- Constitutional law --- Equitable remedies --- Extraordinary remedies --- Provisional remedies --- Interdict (Civil law) --- Anti-injunction law --- patent injunctions --- innovation --- technology --- law and technology
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Judgments --- Injunctions --- Judicial assistance --- Jugements --- Injonctions --- Assistance juridique internationale --- -Judgments --- -Judicial assistance --- -Civil procedure --- Criminal procedure --- Judgments, Foreign --- Court decisions --- Court rulings --- Civil procedure --- Courts --- Estoppel --- Judges --- Judicial process --- Jurisdiction --- Stare decisis --- Anti-injunction law --- Actions and defenses --- Constitutional law --- Equitable remedies --- Extraordinary remedies --- Provisional remedies --- Interdict (Civil law) --- -Injunctions --- Judgments - European Union countries --- Injunctions - European Union countries --- Judicial assistance - European Union countries
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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 --- Provisional remedies --- Intellectual property --- Intellectual property infringement --- Torts --- Interdict (Civil law) --- Uti possidetis (Civil law) --- Possession (Law) --- Civil wrongs --- Delicts --- Injuries (Law) --- Quasi delicts --- Wrongful acts --- Accident law --- Actions and defenses --- Liability (Law) --- Obligations (Law) --- Negligence --- Reasonable care (Law) --- Infringement of intellectual property --- Civil procedure --- Remedies (Law) --- Anti-injunction law --- Constitutional law --- Equitable remedies --- Extraordinary remedies
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This volume in the series "Legal perspectives for global challenges" brings together various contributions on climate change remedies. The papers emanate from an international research project, set up under the auspices of the Stellenbosch Institute for Advanced Study, dealing with how the law can meaningfully contribute to the debate on global challenges, such a sustainable development and climate change. The contributions are written by experts in the field and will be of interest to environmental lawyers and policy makers.
Climatic changes --- Greenhouse gas mitigation --- Climate change mitigation --- Offenses against the environment --- Injunctions --- Anti-injunction law --- Actions and defenses --- Civil procedure --- Constitutional law --- Equitable remedies --- Extraordinary remedies --- Provisional remedies --- Interdict (Civil law) --- Environmental law --- Criminal law --- Climate mitigation --- Climatic mitigation --- Mitigation of climate change --- Environmental protection --- Liability for climatic change damages --- Law and legislation --- Criminal provisions --- Mitigation
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Anti-suit injunctions are orders restraining a party from commencing or continuing proceedings before a state court and can be issued by a court or arbitral tribunal. This book examines if and when anti-suit injunctions can be ordered, and it contemplates their legal conformity. It deals with jurisdictions familiar with anti-suit injunctions (e.g. England and the US) and compares these with the legal setting in Switzerland. The analysis not only relies on publicly available material, but also on confidential arbitral case law. Besides information on arbitral proceedings reported directly by ar
International commercial arbitration. --- Injunctions. --- International commercial arbitration --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- Arbitration and award --- Conflict of laws --- Anti-injunction law --- Actions and defenses --- Civil procedure --- Constitutional law --- Equitable remedies --- Extraordinary remedies --- Provisional remedies --- Interdict (Civil law) --- Law and legislation
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Environnement --- Gerecht --- Justice --- Milieu --- Sanctions, Administrative --- Citizen suits (Civil procedure) --- Injunctions --- Environmental protection --- -Environmental protection --- -Injunctions --- -Sanctions, Administrative --- -Administrative penalties --- Administrative sanctions --- Penalties, Administrative --- Administrative law --- Administrative procedure --- Criminal law --- Law enforcement --- Sanctions (Law) --- Anti-injunction law --- Actions and defenses --- Civil procedure --- Constitutional law --- Equitable remedies --- Extraordinary remedies --- Provisional remedies --- Interdict (Civil law) --- Environmental quality management --- Protection of environment --- Environmental sciences --- Applied ecology --- Environmental engineering --- Environmental policy --- Environmental quality --- Citizen lawsuits --- Citizens' actions --- Private attorney general --- Public interest actions --- Public interest litigation --- Class actions (Civil procedure) --- Popular actions --- Public interest law --- -Citizen suits (Civil procedure) --- Administrative penalties --- Sanctions, Administrative - Belgium. --- Citizen suits (Civil procedure) - Belgium. --- Injunctions - Belgium. --- Environmental protection - Belgium.
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Arbitration and award, International --- Covenants not to sue --- Injunctions --- Abandon de recours --- Arbitrage (Droit international privé) --- Injonctions --- Internationale Schiedsgerichtsbarkeit --- Congrès. --- Anti-injunction law --- Actions and defenses --- Civil procedure --- Constitutional law --- Equitable remedies --- Extraordinary remedies --- Provisional remedies --- Interdict (Civil law) --- Contracts not to sue --- Pactum de non petendo --- Clauses (Law) --- Contracts --- Covenants (Law) --- Waiver --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Law and legislation --- Arbitrage (Droit international privé) - Congrès --- Covenants not to sue - Congresses. (LCSH) --- Injonctions - Congrès
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Gerechtelijk privaatrecht. Burgerlijk procesrecht. Burgerlijke rechtsvervolging--
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