Intellectual property in the conflict of laws : the hidden conflict-of-law rule in the principle of national treatment

목차 (Table of Contents)

• CONTENTS
• Foreword = xii
• List of abbreviations = xiii
• Table of cases = xviii
• Introduction to intellectual property in the conflict of laws = 1
• Delimitations = 8
• The Berne Convention and the Paris Convention = 14
• Definition of the problem = 21
• Structure of the book = 24
• La preface d'un livre = 32
• PART I GENESIS OF THE PRINCIPLE OF NATIONAL TREATMENT
• 1 The Birth of the Principle of National Treatment in Copyright Law
• 1.1 The Problem : The State of Lawlessness of Foreign Works or Authors = 42
• 1.2 The Solution : The Principle of National Treatment = 75
• 2 The Berne Principle of National Treatment : The Genesis of the Current Article 5(1)
• 2.1 Problems in the System of Bilateral Treaties = 122
• 2.2 The Solution : The Berne Convention = 168
• 3 The Perfection of the Berne Principle of National Treatment : The Genesis of the Current Article 5(2) and (3)
• 3.1 Problems With the Lexoriginis Exceptions = 232
• 3.2 The Solution of the Independence Principle ; Genesis of the Current Art. 5(2) = 250
• 3.3 The Principle of National Treatment in the Country of Origin : Genesis of the Current Art. 5(3) = 294
• 3.4 Conclusions and Misconceptions Surrounding the Berne Principle of National Treatment = 303
• 4 The Genesis of the Principle of National Treatment in the Paris Convention
• 4.1 The Development of the Principle of National Treatment in Industrial Property Law Before the Paris Convention = 335
• 4.2 The Principle of National Treatment in the Paris Convention = 349
• 4.3 Conclusions and Misconceptions Surrounding the Principle of National Treatment in the Paris Convention = 403
• PART II THE PRINCIPLE OF NATIONAL TREATMENT TODAY
• 5 The Conflict-of-Law Rule in the Principle of National Treatment
• 5.1 Conceptual Obfuscation With Respect to the Conflict-of-Law Rule in the Principle of National Treatment = 417
• 5.2 Interlude : Interim Evaluation = 586
• 5.3 The Modernization of the Conflict-of-Law Rule in the Principle of National Treatment = 630
• 5.4 Summary = 761
• 6 The Aliens-Law Rule in the Principle of National Treatment
• 6.1 The Principle of Non-Discrimination = 769
• 6.2 Exceptions to the Non-Discrimination Principle : General Considerations = 779
• 6.3 A Closer Look at the Material-Reciprocity Tests in the Berne Convention = 815
• 6.4 A Closer Look at the Material-Reciprocity Tests in the Paris Convention and the Madrid Agreement (MARKS) = 919
• 7 The Scope of the Principle of National Treatment
• 7.1 Introduction = 933
• 7.2 Protection of the Rights of Authors in Their Literary and Artistic Works = 942
• 7.3 Protection of Industrial Property = 1041
• 7.4 Exploitation, Inheritance and Procedural Law = 1046
• 8 Reformulation and Reform
• 8.1 Reformulation of the Berne Convention and the Paris Convention = 1075
• 8.2 Desirable Law = 1111
• 8.3 Reform of the Berne Convention and the Paris Convention = 1215
• Summary = 523
• Glossary = 528
• Bibliography = 530
• Index = 568