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Author : Shubha Ghosh,Irene Calboli
Publisher : Cambridge University Press
Page : 231 pages
File Size : 47,8 Mb
Release : 2018-11-08
Category : Law
ISBN : 9781107115859
Provides an in-depth assessment of the exhaustion doctrine and explores how its various implementations have shaped international trade issues.
Author : Irene Calboli,Edward Lee
Publisher : Edward Elgar Publishing
Page : 584 pages
File Size : 53,9 Mb
Release : 2016-06-24
Category : Law
ISBN : 9781783478712
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.
Author : Péter Mezei
Publisher : Cambridge University Press
Page : 225 pages
File Size : 49,5 Mb
Release : 2018-02-15
Category : Law
ISBN : 9781107193680
A comprehensive, comparative analysis of the European and US approaches to the exhaustion doctrine in the offline and online world.
Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 44,5 Mb
Release : 2019
Category : Electronic
ISBN : 191079046X
Author : Niklas Bruun,Graeme B. Dinwoodie,Marianne Levin,Ansgar Ohly
Publisher : Cambridge University Press
Page : 531 pages
File Size : 46,8 Mb
Release : 2021-01-07
Category : Law
ISBN : 9781108484602
This volume is for students and scholars of intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law.
Author : Christopher Heath
Publisher : Kluwer Law International B.V.
Page : 250 pages
File Size : 51,6 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041131362
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.
Author : Ansgar Ohly
Publisher : Unknown
Page : 0 pages
File Size : 51,9 Mb
Release : 2012
Category : Europa
ISBN : 3161518268
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.
Author : Péter Mezei
Publisher : Unknown
Page : 128 pages
File Size : 50,8 Mb
Release : 2018
Category : Fair use (Copyright)
ISBN : 1316645118
In this timely book, copyright scholar Péter Mezei offers a comprehensive examination of copyright exhaustion, including its historical development, theoretical framework, practical application, and policy considerations. He compares the substantive norms and case law for the first-sale doctrine in the United States and in the European Union, covering both analogue and digital applications in detail, and in doing so questions the common rejection of exhaustion in the resale of digital subject matter such as computer programs, sound recordings, audiovisual works, and e-books. Instead, he proposes a digital first-sale doctrine that would offer legal consistency to copyright law and a technologically feasible framework for content producers and consumers. This book should be read by anyone interested in how copyright law continues to evolve in conjunction with the digital world
Author : Keith E. Maskus,Carsten Fink
Publisher : World Bank Publications
Page : 360 pages
File Size : 46,5 Mb
Release : 2005-01-01
Category : Law
ISBN : 0821383485
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.
Author : Santanu Mukherjee
Publisher : BRILL
Page : 351 pages
File Size : 53,8 Mb
Release : 2023-03-13
Category : Law
ISBN : 9789004542815
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.
Author : Tanya Aplin
Publisher : Edward Elgar Publishing
Page : 608 pages
File Size : 52,9 Mb
Release : 2020-01-31
Category : Law
ISBN : 9781785368349
This Handbook provides a scholarly and comprehensive account of the multiple converging challenges that digital technologies present for intellectual property (IP) rights, from the perspectives of international, EU and US law. Despite the fast-moving nature of digital technology, this Handbook provides profound reflections on the underlying normative legal dilemmas, identifying future problems and suggesting how digital IP issues should be dealt with in the future.
Author : Stavroula Karapapa,Luke McDonagh
Publisher : Oxford University Press, USA
Page : 689 pages
File Size : 46,5 Mb
Release : 2019-05-09
Category : Law
ISBN : 9780198747697
A uniquely practical approach to intellectual property law: unfold the problem, reveal the law, apply to life. Using this new and innovative textbook, students are given a problem scenario to unfold; as they do this they will learn to understand the key questions and issues surrounding each area of intellectual property law. As each problem is explored, clear explanations reveal the central legal concepts underpinning the relevant topic. Further illustrations and references to the problem apply the law, enabling students to see for themselves how the law interacts with everyday life and business and giving them a deep and practical understanding. Online Resources A range of additional online resources are provided online, including guidance on how to approach the questions contained in the book, regular updates on legal developments, links to useful websites, and examples of relevant documents.
Author : Irini Stamatoudi,Paul Torremans
Publisher : Edward Elgar Publishing
Page : 1303 pages
File Size : 41,8 Mb
Release : 2021-03-26
Category : Law
ISBN : 9781786437808
This significantly revised and updated second edition addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result. Taking a comparative approach, the Commentary provides comprehensive coverage and in-depth commentary on each of the EU legal instruments and policies, both from an EU and an international perspective. Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination and provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements.
Author : National Research Council,Policy and Global Affairs,Office of International Affairs
Publisher : National Academies Press
Page : 457 pages
File Size : 53,7 Mb
Release : 1993-02-01
Category : Political Science
ISBN : 9780309048330
As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
Author : Toshiko Takenaka
Publisher : Edward Elgar Publishing
Page : 465 pages
File Size : 44,7 Mb
Release : 2013-01-01
Category : Law
ISBN : 9780857934376
ÔIntellectual Property in Common Law and Civil Law presents the perspectives of common as well as civil law, on global IP LawÕs most pertinent issues ranging from inventive step all the way to injunctive relief. Edited by Professor Takenaka, director of the University of WashingtonÕs renowned Center for Advanced Studies and Research on IP (CASRIP), the book assembles deep but easy to read essays by some of the worldÕs leading IP scholars. In short, IP LawÕs most important issues from a global perspective; by the worldÕs leading scholars, yet in a nutshell. Excellent!Õ Ð Christoph Ann, Technische UniversitŠt Mÿnchen, Germany Despite increasing worldwide harmonization of intellectual property, driven by US patent reform and numerous EU Directives, the common law and civil law traditions still exert powerful and divergent influences on certain features of national IP systems. Drawing together the views and experiences of scholars and lawyers from the United States, Europe and Asia, this book examines how different characteristics embedded in national IP systems stem from differences in the fundamental legal principles of the two traditions. It questions whether these elements are destined to remain diverged, and tries to identify common ground that might facilitate a form of harmonization. Containing the most current and up-to-date IP issues from a global perspective, this book will be a valuable resource for IP and comparative law academics, law students, policy makers, as well as lawyers and in-house counsels.