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Author : Charles Gielen
Publisher : Unknown
Page : 400 pages
File Size : 54,5 Mb
Release : 2006
Category : Electronic
ISBN : OCLC:162252589
Author : Verena von Bomhard,Alexander von Mühlendahl
Publisher : Kluwer Law International B.V.
Page : 624 pages
File Size : 43,6 Mb
Release : 2023-10-25
Category : Law
ISBN : 9789403540467
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.
Author : Charles Gielen,Verena von Bomhard
Publisher : Kluwer Law International
Page : 0 pages
File Size : 51,8 Mb
Release : 2017
Category : Design protection
ISBN : 9041156666
Preface --Authors --About the Editors --Introduction --Practical Notes from the Editors --Council Regulation (EC) No 207/2009 as amended by Regulation (EU) 2015/2424 (EU Trade Mark Regulation) --General Provisions (Arts. 1-3) --The Law Relating to Trade Marks --Application for EU Trade Marks --Registration Procedure --Duration, Renewal, Alternation and Division of EU Trade Marks (Arts. 46-49) --Surrender, Revocation and Invalidity --Appeals (Arts. 58-65a) --Specific Provisions on European Union Collective Marks and Certification Marks --Procedure --Jurisdiction and Procedure in Legal Actions Relating to EU Trade Marks --Effects on the Laws of the Member States --The Office --International Registration of Marks --Final Provisions (Arts. 163-167) --EUTMR, Annex I (Fees) --Preamble to Regulation (EU) 2015/2424 --to Regulation (EU) 2015/2424 (Correlation Table CTMIR) --to Proposal for Codified EU Trade Mark Regulation (Correlation Table EUTMR) --Directive (EU) 2015/2436 of the European Parliament and of the Council (Trade Mark Directive) --General Provisions (Arts. 1, 2) --Substantive Law on Trade Marks --Procedures --Administrative Cooperation (Arts. 51, 52) --Final Provisions (Arts. 53-57) --Council Regulation (EC) No. 6/2002 (Community Design Regulation) --The Law Relating to Designs --Community Designs as Objects of Property (Arts. 27-34) --Application for a Registered Community Design --Registration Procedure (Arts. 45-50) --Surrender and Invalidity of The Registered Community Design (Arts. 51-54) --Appeals (Arts. 55-61) --Procedure before the Office --Jurisdiction and Procedure in Legal Actions Relating to Community DesignsTitle IX. Jurisdiction and Procedure in Legal Actions Relating to Community Designs --Effects on the Laws of the Member States (Arts. 95, 96) --Supplementary Provisions Concerning the Office --International Registration of Designs --Final Provisions (Arts. 107-111) --Directive 98/71/EC of the European Parliament and of the Council (Design Directive) --List of Abbreviations --List of Treaties, Legislation and other Documents --List of Cases.
Author : Verena von Bomhard,Alexander von Mühlendahl
Publisher : Kluwer Law International B.V.
Page : 1026 pages
File Size : 54,8 Mb
Release : 2018-09-25
Category : Law
ISBN : 9789041195982
The sweeping changes brought about in 2017 to practice and procedures in European Union trade mark law have precipitated a new edition of this much relied-upon guide to the field. This is the first book to provide comprehensive guidance to the new EU Trade Mark Regulation, including full details on all aspects of substance and procedure, as well as to the new Trade Mark Directive. This new and significantly expanded edition, which builds on the two previous editions of the Concise European Trade Mark and Design Law, includes the full texts of the new Implementing and Delegated Acts – available in no other book – as well as a collection of other texts that are needed in daily practice, such as excerpts from the Rules of Procedure of the General Court, the Paris Convention, the Madrid Protocol and the Nice Agreement, the Nice Classification, the TRIPS Agreement and the Directive on Enforcement of IP Rights. Providing a complete commentary and a full set of the legal provisions that must be dealt with on a daily basis, obviating recourse to other sources, this new edition will be welcomed by anyone with an interest in the law and practice of trade marks in the European Union.
Author : Uma Suthersanen
Publisher : Unknown
Page : 278 pages
File Size : 42,7 Mb
Release : 2010
Category : Design protection
ISBN : 1847039065
This title shows how designs can be protected using the entire intellectual property system. It covers the protection of artistic, industrial and functional designs and examines protection under EC legislation.
Author : Henning Hartwig
Publisher : Edward Elgar Publishing
Page : 584 pages
File Size : 44,6 Mb
Release : 2021-05-28
Category : Law
ISBN : 9781781955888
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.
Author : Annette Kur,Max Planck,Thomas Dreier
Publisher : Edward Elgar Publishing
Page : 593 pages
File Size : 47,6 Mb
Release : 2013-01-01
Category : Law
ISBN : 9781781953648
'This clearly-written and comprehensive text, by two leading scholars of European intellectual property law, is extremely adaptable. It is a perfect platform for classroom teaching, and is also a fine resource for those researching in what is becoming an increasingly complex field.' – Graeme B. Dinwoodie, University of Oxford, UK 'This hybrid volume, part commentary, part primary sources, with questions to stimulate further thinking, serves both as a teaching tool and as a manual for lawyers who seek a comprehensive overview of EU intellectual property law. The book aims at a generalist legal audience, with very a helpful précis of international law, including the major multilateral treaties, as well as a summary of the EU legal framework that non-Europeans will find highly useful. The authors explore the full range of traditional and emerging IP rights. They also provide in-depth analysis of remedies and of the international private law issues that increasingly arise in contemporary complex IP litigation.' – Jane Ginsburg, Columbia Law School, US The first of its kind, this textbook has been carefully designed to give students and non-specialist practitioners a clear understanding of the fundamentals of European intellectual property law. Providing a comprehensive overview of both community IP rights, and areas of IP law that have been harmonised, and supported by judicious use of extracts from the most significant source material, the book assists the reader in navigating through the increasingly complex European IP system. European Intellectual Property Law deals with European patent, trade mark and copyright law copyright, as well as with adjacent areas such as protection of plant varieties, geographical indications, industrial design, competition law, enforcement, and private international law, with a focus on the most relevant case law to be found in those areas. Key Features: • Written by two of the leading authorities in European IP law • Concise and readable style • Extracts from key source material • Questions designed to stimulate thinking around legal problems • Coverage of related areas adjacent to IP • Offers an overview on international IP protection and the interrelation between European law and IP law in general. This detailed book is designed for all courses on European intellectual property, whether basic or advanced, as well as for practitioners looking for a comprehensive and concise overview on the structure and content of European IP law.
Author : Annette Kur,Thomas Dreier,Stefan Luginbuehl
Publisher : Edward Elgar Publishing
Page : 614 pages
File Size : 51,9 Mb
Release : 2019-12-27
Category : Law
ISBN : 9781785361555
The second edition of this popular textbook has been thoroughly revised, expanded and updated in order to reflect the recent extensive changes in European IP legislation. Providing an in-depth examination of the core areas of IP law, from copyright, patents and trademarks through to the protection of plant varieties and industrial design, it is perfectly pitched to guide the reader through the complexities of the European IP system.
Author : Thomas Cottier,Pierre Véron
Publisher : Unknown
Page : 0 pages
File Size : 42,9 Mb
Release : 2011
Category : Agreement on Trade-Related Aspects of Intellectual Property Rights
ISBN : 9041134204
Beyond specificities of each intellectual property right, some principles and rules are common to all or several intellectual property rights. Therefore certain statutory provisions enacted at European or international levels are of great importance for all or various intellectual property rights. Intellectual property is one of the branches of law where the international harmonization started the earliest thanks to international conventions (e.g. the Paris Convention of 20 March 1883 for the Protection of Industrial Property). Harmonization is still at work today (e.g. with the Agreement on Trade-related Aspects of Intellectual Property Rights) and has been carried on to a high degree at a regional level thanks to the secondary legislation of the European Union (especially thanks to directives and regulations). This volume aims to offer the reader a rapid understanding of some of these European or international texts which deal with some general and jurisdictional issues and are very important from a practical point of view. Key features include: * An article-by-article commentary on the relevant international treaties and European instruments * It is intended to provide the reader with a short and straightforward explanation of the principles of law to be drawn from each provision * Editors and authors are all prominent specialists (academics and practitioners) in the field of international and European IP law Concise International and European IP Law - TRIPS, Paris Convention, European Enforcement and Transfer of Technology is part of 'Concise IP', a series of five volumes of commentary on European intellectual property legislation edited by Thomas Dreier, Charles Gielen and Richard Hacon. The formula of this series is based on the successful German and Dutch formula 'KurzKommentar' and 'Tekst en Commentaar'. The five volumes cover: Patents and related matters, Trademarks and designs, Copyrights and neighbouring rights, IT and a general volume including jurisdictional issues.
Author : Levin
Publisher : Kluwer Law International B.V.
Page : 448 pages
File Size : 40,7 Mb
Release : 1996-01-01
Category : Law
ISBN : 9789041101129
Design occupies an important place in the cultural world of today. Against this, there have been manifold techno-legal approaches on the part of the major European legislatures to the issue of the protection of works of design. The Community proposals for a Directive and Regulation in this area are a response to the need, widely felt in various sectors of the design world, for a homogeneous and systematic protection of design works. These initiatives should however be considered in the light of the many interests at stake and the various solutions put forward in the wake of the Community's past experience in the fields of patents and trademarks.
Author : Richard Hacon,Jochen Pagenberg
Publisher : Kluwer Law International B.V.
Page : 769 pages
File Size : 53,6 Mb
Release : 2008-09-26
Category : Law
ISBN : 9789041145192
In our technological society patent law plays a central role as an incentive for the development and marketing of new technologies in many fields of business. The number of patent applications continues to grow considerably every year. International and European conventions and other instruments have been implemented in order to simplify the application for and enforcement of patents and which also govern the scope of protection afforded by a patent in Europe. Others are being planned. This second edition of Concise European Patent Law aims to offer the reader a rapid understanding of all the provisions of patent law in force in Europe that have been enacted at the European and international levels. This volume takes the form of an article-by-article commentary on the European Patent Convention and the relevant European Community legislation and international treaties. It is intended to provide the reader with a short and straightforward explanation of the principles of law to be drawn from each provision, with references to the most important case law. Editors and authors are prominent specialists (both academics and practitioners) in the field of international and European patent law. Concise European Patent Law, second edition is one of a series of volumes of commentary on European Intellectual property legislation edited by Thomas Dreier, Charles Gielen and Richard Hacon, based on the respected German and Dutch series ‘Kurzkommentar and Tekst en Commentaar.’
Author : Thomas Dreier,P. Bernt Hugenholtz
Publisher : Kluwer Law International B.V.
Page : 714 pages
File Size : 54,6 Mb
Release : 2016-01-27
Category : Law
ISBN : 9789041168436
Concise European Copyright Law aims to offer the reader a rapid understanding of all the provisions of copyright law in force in Europe that have been enacted at the European and international levels. This volume takes the form of an article-by-article commentary on the relevant European directives and international treaties in the field of copyright and neighbouring rights. It is intended to provide the reader with a short and straightforward explanation of the principles of law to be drawn from each provision. Editors and authors are prominent specialists (academics and practitioners) in the field of international and European copyright law. Concise European Copyright Law is part of 'Concise IP', a series of five volumes of commentary on European intellectual property legislation. The five volumes cover: Patents and related matters, Trademarks and designs, Copyrights and neighbouring rights, IT and a general volume including jurisdictional issues.
Author : David Stone
Publisher : OUP Oxford
Page : 0 pages
File Size : 55,9 Mb
Release : 2012-12-06
Category : Law
ISBN : 0199645175
Unrivalled in its pan-EU scope, this book provides a much-needed guide to the new law and practice in European designs. Written by a practitioner with extensive experience, no other text provides such practical and comprehensive coverage
Author : Tobias Cohen Jehoram,Constantinus Johan Jozef Clemens van Nispen,Tony Huydecoper,J. L. R. A Huydecoper
Publisher : Kluwer Law International B.V.
Page : 730 pages
File Size : 50,9 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041131577
European Trademark Law describes all relevant developments in both legislation and case law, in particular of the Court of Justice, offering not only a succinct introduction to the theory, structure and nature of trademark law, but also insightful suggestions for resolving and answering a host of practical problems. As the authors note, their book provides an 'overview of trademark law rather than an overview of trademark legislation.' The authors view the law from different perspectives; they take both the European perspective and the perspective from harmonised national trademark law, in particular as it is in the Benelux countries. Paying particular attention to the implications of the considerable stream of case law that has followed from partially new doctrines set in place by the harmonization process, the book greatly clarifies the workings and interrelations of such factors as the following: situations that did not constitute infringement under former trademark law but do constitute infringement today and vice versa; different types of marks and their particularities; registration and opposition procedures; relevant international treaties; requirements for the mark; grounds for refusal and invalidity; scope of and limitations to trademark protection; use of trademarks in comparative advertising; referential use of trademarks; use of trademarks on the internet; exhaustion of rights, parallel trade; concepts of well known trademarks and trademarks with a reputation; procedural aspects of enforcing trademark rights; how trademark rights are lost.The analysis also covers specific aspects of the trademark right that are related to other legal areas, such as property law, trade name law, the law regarding geographical indications of origin, copyright law, competition law, and product liability. An especially valuable part of the book's presentation follows the 'life' of a trademark from filing the application up to and including its cancellation, revocation or invalidity.
Author : Angus Phang,Kathryn Rosenblum
Publisher : WorldTrade Executive, Inc.
Page : 420 pages
File Size : 46,5 Mb
Release : 2004
Category : Business & Economics
ISBN : 1893323536
This report, which includes contributions from 24 leading intellectual property attorneys throughout Europe, covers the fundamentals of intellectual property protection law and practice in each of the member countries of the European Community. (Legal Reference/Law Profession)