An International Perspective On Design Protection Of Visible Spare Parts
DOWNLOAD
AUDIOBOOK
READ ONLINE
Download An International Perspective On Design Protection Of Visible Spare Parts PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get An International Perspective On Design Protection Of Visible Spare Parts book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
An International Perspective On Design Protection Of Visible Spare Parts
DOWNLOAD
AUDIOBOOK
READ ONLINE
Author : Dana Beldiman
language : en
Publisher: Springer
Release Date : 2017-04-06
An International Perspective On Design Protection Of Visible Spare Parts written by Dana Beldiman and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-06 with Law categories.
This publication examines the legal aspects of the spare parts market from an IP perspective: specifically whether design protection for spare parts of a complex product extends to the spare part aftermarket, or whether that market should remain open to competition. The stakeholders’ equally weighty arguments that must be balanced against are, on the one hand, the property interest in an earned IP right in the design of the part; and on the other, enhanced competition, likely reflected in lower prices. The mounting tension between these two positions is manifest an increased number of lawsuits in both the US and the EU. This book provides a discussion of the legal issues involved in this debate from a global perspective, with special focus on the EU and the US. Part I contextualizes the legal debate by discussing the historical background, the competitive situation and the respective stakeholder positions. Part II examines the relevant legal questions on a comparative basis, evaluating the likelihood of its adoption in the jurisdictions examined. Concluding that adoption is unlikely, Part III proposes a number of possible considerations meant to further compromise. Part IV concludes with a future outlook, specifically in light of the impact of technological development on this market.
The Routledge Handbook Of Eu Copyright Law
DOWNLOAD
AUDIOBOOK
READ ONLINE
Author : Eleonora Rosati
language : en
Publisher: Routledge
Release Date : 2021-04-21
The Routledge Handbook Of Eu Copyright Law written by Eleonora Rosati and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-21 with Law categories.
The Routledge Handbook of EU Copyright Law provides a definitive survey of copyright harmonization in the European Union, capturing the essential and relevant issues of this relatively recent phenomenon. Over the past few years, two themes have emerged: on the one hand, copyright policy and legislative initiatives have intensified; on the other hand, the large number of references to the Court of Justice of the European Union has substantially shaped the EU copyright framework and, with it, the copyright framework of individual EU Member States. This handbook is a detailed reference source of original contributions which analyze and critically evaluate the state of EU copyright law with a view to detecting the key trends and patterns in the evolution of EU copyright, weighing the benefits and disadvantages of such evolution. It covers a broad range of topics through clusters focused on: the history and approaches to EU copyright harmonization; harmonization in the areas of exclusive rights, exceptions and limitations, and enforcement; copyright policy and legacy of harmonization. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook on European Copyright Law is an essential resource for students and scholars who are interested in the field of copyright law.
Eu Trade Mark Law And Product Protection
DOWNLOAD
AUDIOBOOK
READ ONLINE
Author : Lavinia Brancusi
language : en
Publisher: Taylor & Francis
Release Date : 2023-07-13
Eu Trade Mark Law And Product Protection written by Lavinia Brancusi and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-13 with Law categories.
This book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors’ ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding.
The Eu Design Approach
DOWNLOAD
AUDIOBOOK
READ ONLINE
Author : Annette Kur
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018
The Eu Design Approach written by Annette Kur and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with ART categories.
The EU’s ‘Design Approach’ represented a unique attempt to protect industrial design and designers in and on their own terms. It has now been in place for more than a decade and this book, including contributions from leading international scholars, takes stock and attempts to find out what became of the Design Approach: Is it still observed; what has it achieved; how does it interact with other areas of the law; what became of the spare parts problem and how did the world respond to it?
National Trade Estimate Report On Foreign Trade Barriers
DOWNLOAD
AUDIOBOOK
READ ONLINE
Author : United States. Office of the U.S. Trade Representative
language : en
Publisher:
Release Date : 2000
National Trade Estimate Report On Foreign Trade Barriers written by United States. Office of the U.S. Trade Representative and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Commercial policy categories.
Industrial Design Rights
DOWNLOAD
AUDIOBOOK
READ ONLINE
Author : Brian W. Gray
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-10-14
Industrial Design Rights written by Brian W. Gray and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-14 with Law categories.
This book is a revised and updated edition of a major work first published in 2001 under the auspices of the Intellectual Property Committee of the International Bar Association. As a comparative cross-jurisdictional analysis of the practice, theory, scope, and types of design protection, it will continue to be of immeasurable value to lawyers and others involved in industrial design. Industrial designs are particularly interesting because the laws in many countries attempt in different ways to find a balance between protection for the artistic creation and the freedom to use the purely functional, and between the proprietary rights of the creator and the public domain rights of the competitor. The third edition is comprised of twenty-five country reports, each written by one or more prominent intellectual property lawyer(s) in the country covered. To facilitate cross-jurisdictional comparison, each report is structured according to the following sequence of topics: new developments in each jurisdiction; conventions and legislation; definition of what constitutes a protectable design; originality /novelty; duration of protection; infringement; defences to infringement; procedures for filing application for registration; and expunging, cancelling, or varying registration. Prominent new developments covered in the third edition include new chapters from South Korea, Russia and Turkey as well as continuing coverage of the impact of the European Community Design Directive, the adoption of the Hague Agreement with corresponding major changes to US and Canadian design law and practice, the newly revised Japanese Design Law, and China’s revised Guidelines for Examination. Each jurisdiction’s currently applicable legislation, regulation, and case law is summarized and analysed.
Industrial Design Rights An International Perspective
DOWNLOAD
AUDIOBOOK
READ ONLINE
Author : Brian Gray
language : en
Publisher: Springer
Release Date : 2001-05-22
Industrial Design Rights An International Perspective written by Brian Gray and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-05-22 with Law categories.
This book is a comparative analysis of the theory, scope and type of design protection, which differ widely from country to country. Few cross-jurisdictional comparisons of industrial design laws have been previously published and this book arises from one of the first such attempts by the Intellectual Property Committee of the International Bar Association. Industrial designs are particularly interesting because the laws in many countries attempt in different ways to find a balance between protection for the artistic and freedom to use the purely functional, between the proprietary rights of the creator and the public domain rights of the competitor. The work comprises twenty country reports written by a prominent intellectual property lawyer, each chapter focused around a common series of questions to facilitate cross-jurisdictional comparison.
Concise European Design Law
DOWNLOAD
AUDIOBOOK
READ ONLINE
Author : Verena von Bomhard
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-10-25
Concise European Design Law written by Verena von Bomhard and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-25 with Law categories.
The two EU instruments that govern design law – the Community Design Regulation (CDR) of 2001 and the Design Directive of 1998 – are expertly annotated in this thorough article-by-article commentary. Written by distinguished practitioners from a range of European countries, the volume builds on the two editions of the design-related portions of the much-relied-upon Concise European Trade Mark and Design Law, with corresponding case law through the end of 2022. It is the best first-stop guide to practice in the field. The commentary provides detailed guidance, taking into account the case law of the EUIPO and its Boards of Appeal and of the General Court and the Court of Justice, on the practical application of such crucial building blocks of design law practice as the following: all issues of substantive design law, from definitions to novelty and individual character, ownership of design rights, limits of protection, to scope of protection and rights conferred; all proceedings before the EUIPO, from filing design applications to registration, actions for declaration of invalidity, and all provisions governing review of EUIPO decisions, by the EUIPO Boards of Appeal, by the EU’s General Court, and by the Court of Justice; and actions for the infringement of Community designs, with a focus on jurisdiction and applicable law. The book also contains a unique collection of EU and international legislation of relevance for design protection, found in no other reference book, including the Community Design Implementing and Fee Regulations, the Enforcement of IP Rights Directive, excerpts from the Rules of Procedure of the General Court, and relevant provisions from applicable international treaties, such as the TRIPS Agreement, the Paris Convention, the Geneva Act of the Hague Agreement, and the Locarno Agreement. This concise book on designs is a handy desktop companion and single reference tool for daily use by every practitioner in the EU and elsewhere who practises design law. It will be welcomed by IP lawyers, in-house counsel, and government officials involved with design policy and procedure.
Los Derechos De Propiedad Intelectual Y La Libre Competencia
DOWNLOAD
AUDIOBOOK
READ ONLINE
Author : Ernesto Rengifo García
language : es
Publisher: U. Externado de Colombia
Release Date : 2022-01-11
Los Derechos De Propiedad Intelectual Y La Libre Competencia written by Ernesto Rengifo García and has been published by U. Externado de Colombia this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-11 with Law categories.
El Departamento de la Propiedad Intelectual de la Universidad Externado de Colombia y el Instituto Max Planck para la Innovación y Competencia se complacen en presentar a consideración de los investigadores y del público en general el libro Los derechos de propiedad intelectual y la libre competencia, cuyo propósito principal es socializar los trabajos de investigación realizados en el campo de la propiedad intelectual, ampliar su entendimiento y propiciar el debate respecto del conflicto o la complementariedad con los diversos aspectos que se conjugan en el mercado para proporcionar bienestar al consumidor. El libro se divide en cinco secciones a través de las cuales se examinan el poder del mercado como concepto central del derecho de competencia relacionado con los derechos de autor; el sistema de patentes, su concesión en el campo de las nuevas tecnologías y el posible uso de acciones anticompetitivas; la estrecha relación entre la biotecnología y la agricultura, específicamente en el mercado de semillas; las prácticas colusorias y unilaterales referidas a los diseños industriales, y la posible posición de dominio de los signos distintivos cuando son clasificados como notorios o renombrados. Además, se presenta un análisis comparativo entre las legislaciones de la Comunidad Andina de Naciones, especialmente la colombiana, las de la Unión Europea y la de Estados Unidos relacionadas con los derechos de libre competencia y propiedad intelectual. Para el Departamento de Propiedad Intelectual de la Universidad Externado de Colombia esta publicación va en línea con uno de sus propósitos cual es el de su internacionalización y presencia más allá del ámbito local, como un estímulo más para que los profesores investigadores perseveren en sus trabajos y palpen el gusto que genera la satisfacción del deber cumplido: “Res severa verum gaudium”.
Research Handbook On Design Law
DOWNLOAD
AUDIOBOOK
READ ONLINE
Author : H. Hartwig
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-05-28
Research Handbook On Design Law written by H. Hartwig and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-28 with categories.
Written by expert scholars and practitioners, this unique Research Handbook presents the state of the art in research on, and the practice of, international design law. Combining cutting edge research with a practical approach, it examines key trends and covers key cases, regional and national laws, as well as concepts of international design protection. In particular, the U.S. framework is compared with the regime of the EU, and issues relating to the Hague Agreement are also covered. Split across five thematic parts, this Research Handbook examines the foundations of, and methodological perspectives on, design law, the establishment and enforcement of protection, as well as many other critical issues, addressed from a transnational and comparative approach. Chapters consider protection of three-dimensional trademarks, graphical user interfaces, spare parts, protection of designs on the basis of use, priority issues under the Community design scheme, and cross-border copyright protection in Europe. Clear and accessible, the Research Handbook on Design Law will be of value to emerging and established scholars and students of international design law, while also being a key resource for practitioners and policy makers seeking to react and adapt to the rapid emergence of global developments.