Exhaustion Of Intellectual Property Rights
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Research Handbook On Intellectual Property Exhaustion And Parallel Imports
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Author : Irene Calboli
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-06-24
Research Handbook On Intellectual Property Exhaustion And Parallel Imports written by Irene Calboli 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 2016-06-24 with Law categories.
From the Americas to the European Union, Asia-Pacific and Africa, countries around the world are facing increased pressure to clarify the application of intellectual property exhaustion. This wide-ranging Research Handbook explores the questions that pose themselves as a result. Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the “Internet of things” redefined the concept of exhaustion in cyberspace? The Handbook offers insights to the challenges surrounding these questions and highlights how one answer does not fit all.
Exhausting Intellectual Property Rights
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Author : Shubha Ghosh
language : en
Publisher: Cambridge University Press
Release Date : 2018-11-08
Exhausting Intellectual Property Rights written by Shubha Ghosh and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-08 with Law categories.
Provides an in-depth assessment of the exhaustion doctrine and explores how its various implementations have shaped international trade issues.
Exhausting Intellectual Property Rights
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Author : Shubha Ghosh
language : en
Publisher:
Release Date : 2018
Exhausting Intellectual Property Rights written by Shubha Ghosh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Intellectual property categories.
"Even as globalization seems to be in retreat in political circles, the march of commercialization and markets continues. Government policies, whether tariffs, exits, or walls, cannot impede the competitive drive to meet consumer demand for products and services, whether within national boundaries or across them. The World Trade Organization, and the attendant Agreement on Trade-Related Aspects to Intellectual Property Rights (TRIPS) Agreement, speak to the push for open markets supported by uniform intellectual property laws. Against this dynamic is the push-back from nation states and regional agreements that adapt treaty obligations to the needs of local economic development"--
Exhaustion Of Intellectual Property Rights
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Author :
language : en
Publisher:
Release Date : 2019
Exhaustion Of Intellectual Property Rights written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
Patent Exhaustion And International Trade Regulation
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Author : Santanu Mukherjee
language : en
Publisher: BRILL
Release Date : 2023-03-13
Patent Exhaustion And International Trade Regulation written by Santanu Mukherjee and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-13 with Law categories.
This book dives into the legal and economic rationale of patent exhaustion, studying its evolution from the beginning in Germany, UK and USA, to Japan and 10 developing countries. The author also analyses exhaustion under TRIPS, GATT, GATS and major regional agreements, including the EU, before assessing the interface of patent exhaustion with competition policy. The book also addresses public policy concerns of Least developed and developing countries linked to their IPR challenges as IP users. It concludes that an appropriate exhaustion mode under relevant legal measures would protect patents while also restraining patents to become non-tariff barriers. The open access publication of this book has been published with the support of the Swiss National Science Foundation.
Copyright Exhaustion
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Author : Péter Mezei
language : en
Publisher: Cambridge University Press
Release Date : 2018-02-15
Copyright Exhaustion written by Péter Mezei and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-15 with Law categories.
A comprehensive, comparative analysis of the European and US approaches to the exhaustion doctrine in the offline and online world.
Spares Repairs And Intellectual Property Rights
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Author : Christopher Heath
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
Spares Repairs And Intellectual Property Rights written by Christopher Heath 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 2009-01-01 with Law categories.
Although supplying spare and replacement parts and providing repair services form the basis of many legitimate businesses, many manufacturing enterprises seek to augment the competitive advantage realized at the market stage of selling their main products by attempting to monopolize the market for spares, repairs and refills. Increasingly, companies are using intellectual property laws to devise up-front business strategies to gain exclusive rights in the components of their products. This is the first in-depth analysis of the law in this relatively new and rapidly developing area of practice. It sheds clear light on the conflicting interests of manufacturers, consumers, spare parts makers and the general public; explores the extent to which this kind of business strategy can be more or less successful with respect to the different rights involved, and in different jurisdictions; and highlights the competition issues that inevitably arise. The essays included are revised and updated versions of papers presented at the seventh (2006) of the innovative IP conference organized annually by the Macau Institute of European Studies (IEEM) on intellectual property law and the economic challenges for Asia. Among the topics and issues covered are the following: ; notions of andrepairand and andrecycleand and their legal effects; the limits of IP rights in relation to repair and recycle; legal limits of end user licence agreements (EULAs) and technological protection measures (TPMs); patent exhaustion on repair and recycling; alteration of product andidentityand; the concept of andindirectand or andcontributoryand infringement; design law strategies; and secondary market definitions. The authors give detailed attention to cases in various jurisdictions that have guided and continue to guide business strategies in the field. Jurisdictions treated include the EU, the US, the UK, Germany, the Netherlands, China, Hong Kong, Japan, and Korea. In its clarification of the limits and possibilities of business strategies in this area of competition that is just beginning to attract attention, this book will be of great value not only to intellectual property law practitioners but to business people in nearly any field of production, especially where cross-border marketing is involved.
Intellectual Property Rights
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Author : David Vaver
language : en
Publisher: Taylor & Francis
Release Date : 2006
Intellectual Property Rights written by David Vaver and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Copyright categories.
Common Principles Of European Intellectual Property Law
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Author : Ansgar Ohly
language : en
Publisher:
Release Date : 2012
Common Principles Of European Intellectual Property Law written by Ansgar Ohly and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Europa categories.
Intellectual property law has been harmonized by EU law to a considerable extent. At the same time intellectual property rights have converged. The academic discussion has not kept pace with this development. European intellectual property law is often seen through the spectacles of national law; pan-European discussions about issues of Community law seem to be the exception rather than the rule. The contributors to this volume investigate if and to what extent European rules and principles applicable to all intellectual property rights already exist or whether they can be found on the basis of the acquis communautaire and comparative law. In particular, they discuss the merits and the methodology of common principles before turning to several areas of substantive intellectual property law such as grounds of protection, secondary liability and exceptions, to enforcement and finally to the relationship between intellectual property and neighbouring areas of EU law.
Intellectual Property And Development
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Author : Keith E. Maskus
language : en
Publisher: World Bank Publications
Release Date : 2005-01-01
Intellectual Property And Development written by Keith E. Maskus and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.
International policies toward protecting intellectual property rights have seen profound changes over the past two decades. Rules on how to protect patents, copyright, trademarks and other forms of intellectual property have become a standard component of international trade agreements. Most significantly, during the Uruguay Round of multilateral trade negotiations (1986-94), members of what is today the World Trade Organization (WTO) concluded the Agreement on Trade Related Intellectual Property Rights (TRIPS), which sets out minimum standards of protection that most of the world's economies have to respect. How will developing countries fare in this new international environment? Intellectual Property and Development brings together empirical research that assesses the effects of changing intellectual property regimes on various measures of economic and social performance - ranging from international trade, foreign investment and competition, to innovation and access to new technologies. The studies presented point to an important development dimension to the protection of intellectual property. But a one-size fits all approach to intellectual property is unlikely to work. There is need to adjust intellectual property norms to domestic needs, taking into account developing countries' capacity to innovate, technological needs, and institutional capabilities. In addition, governments need to consider a range of complementary policies to maximize the benefits and reduce the costs of reformed intellectual property regulations. This book will be of interest to students and scholars of international law, particularly in the area of intellectual property rights, international trade, and public policy.