EUROPEAN UNION DESIGN LAW A PRACTITIONERS GUIDE

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European Design Law A Practitioner S Guide 2e

Author : David Stone
ISBN : 0198719299
Genre :
File Size : 25.49 MB
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Over ten years after the beginning of the Community Registered Designs system of the European Union (EU), the Office for Harmonization in the Internal Market (OHIM) and European courts continue to grapple with many of the new legal concepts introduced, making this a complex and fluctuating area of law. This new edition of the highly-respected English-language text offers a concise, accessible and highly readable volume covering the complete design law of the European Union. It offers a concise history of the legislation's development and aims, tracing the introduction of fundamental changes to the protection of industrial and ornamental designs throughout the EU. This is followed by a detailed and comprehensive examination of the interpretations provided by the OHIM, Court of Justice and General Court, and the Community Design Courts of EU Member States. The book quotes primary legal provisions in context, supported by extensive citation of case law from the OHIM and many European jurisdictions. Chapters cover topics including the definition of terms, the system of courts and tribunals with jurisdiction for Community Design disputes, overlap with other intellectual property rights, exclusions from protection, the unification of design rights across the EU, the right to the Community Design, assessment and invalidity of prior design and novelty arguments, the procedure of the OHIM, infringement and applicable defenses, jurisdictional issues, and the Design Directive. European Design Law: A Practitioner's Guide is an essential reference text for practitioners throughout the European Community.
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The Oxford Handbook Of Intellectual Property Law

Author : Rochelle C. Dreyfuss
ISBN : 9780191076107
Genre : Law
File Size : 56.34 MB
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We live in an age in which expressive, informational, and technological subject matter are becoming increasingly important. Intellectual property is the primary means by which the law seeks to regulate such subject matter. It aims to promote innovation and creativity, and in doing so to support solutions to global environmental and health problems, as well as freedom of expression and democracy. It also seeks to stimulate economic growth and competition, accounting for its centrality to EU Internal Market and international trade and development policies. Additionally, it is of enormous and increasing importance to business. As a result there is a substantial and ever-growing interest in intellectual property law across all spheres of industry and social policy, including an interest in its legal principles, its social and normative foundations, and its place and operation in the political economy. This handbook written by leading academics and practitioners from the field of intellectual property law, and suitable for both a specialist legal readership and an intelligent but non-specialist legal and non-legal readership, provides a comprehensive account of the following areas: - The foundations of IP law, including its emergence and development in different jurisdictions and regions; - The substantive rules and principles of IP; and - Important issues arising from the existence and operation of IP in the political economy.
Category: Law

Beyond The Code

Author : Noam Shemtov
ISBN : 9780191026171
Genre : Law
File Size : 69.44 MB
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Although the law of infringement is relatively straightforward on the copying of literal and textual elements of software, it is the copying of non-literal and functional elements that poses complex and topical questions in the context of intellectual property (IP) protection. In many cases, it is these non-literal and functional elements that contain the real value of a software product. This book concerns the copying of non-literal and functional elements of software in both the United States (US) and European Union (EU), using a holistic approach to address the most topical questions facing experts concerned with legal protection of software products across a range of technological platforms. The book focuses on four distinct but interrelated areas: contract, copyright, trade secrets, and trade-dress; as well as dealing more briefly with patent law, designs, and competition law, discussing these areas separately and in relation to one another. The book discusses software as a multi-layered functional product, setting the scene for other legal discussions by highlighting software's unique characteristics. It examines models for the provision of software, addressing licensing patterns and overall enforceability, as well as the statutory and judicial tools for regulating the use of such licences. It further assesses the protection of non-literal and functional software elements under EU and US copyright law, focusing on internal architecture and behavioural elements. The application of trade secrets law to software is examined under traditional, online, and cloud models. Finally, it examines the application of trade dress protection to software's 'look and feel', particularly relating to the highly topical area of cloud environments. Protecting Software offers a unique outlook on contemporary issues concerning the legal protection of computer software.
Category: Law

Intellectual Property Law

Author : Tanya Aplin
ISBN : 9780198743545
Genre :
File Size : 57.69 MB
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This book combines extracts from major cases and secondary materials with critical commentary to provide a complete resource for undergraduate and postgraduate students of intellectual property law. All areas of intellectual property law in the UK are covered: copyright, trademarks and passing off, confidential information, industrial designs, patent, procedure and enforcement. This book also tackles topical areas, such as the application of intellectual property law to new technologies and character merchandising. While the focus of the book is on intellectual property law in a domestic context, it provides international, EU and comparative law perspectives on major issues. It also addresses the wider policy implications of legislative and judicial developments in the area.
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The Images Of The Consumer In Eu Law

Author : Dorota Leczykiewicz
ISBN : 9781509900367
Genre : Law
File Size : 83.71 MB
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This book consists of contributions exploring from different perspectives the 'images' of the consumer in EU law. The images of the consumer form the foundation for various EU policies, more or less directly oriented towards the goal of consumer protection. The purpose of the volume is to establish what visions of the consumer there are in different contexts of EU law, whether they are consistent, and whether EU law's engagement with consumer-related considerations is sincere or merely instrumental to the achievement of other goals. The chapters discuss how consumers should be protected in EU contract, competition, free movement and trade mark law. They reflect on the limits of the consumer empowerment rationale as the basis for EU consumer policy. The chapters look also at the variety of concerns consumers might have, including the cost of goods and services, access to credit, ethical questions of consumption, the challenges of excessive choice and the possibility to influence the content of regulatory measures, and explore the significance of these issues for the EU's legislative and judicial process.
Category: Law

Contemporary Intellectual Property

Author : Charlotte Waelde
ISBN : 9780198733690
Genre :
File Size : 33.70 MB
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Contemporary Intellectual Property: Law and Policy offers a unique perspective on intellectual property law. It goes beyond an up-to-date account of the law and examines the complex policies that inform and guide modern intellectual property law at the domestic (including Scottish), Europeanand international levels, giving the reader a true insight into the discipline and the shape of things to come. The focus is on contemporary challenges to intellectual property law and policy and the reader is encouraged to engage critically both with the text and the subject matter. Carefully developed to ensure that the complexities of the subject are addressed in a clear and approachable manner, the extensive use of practical examples, exercises and visual aids throughout the text enliven the subject and stimulate the reader. Online Resource Centre:* Accompanied by an online resource centre which contains the following:* Updates to key areas of law * Two bonus chapters on 'History of Registered Design Law in the UK to 1988' and 'History of Unregistered Design -Protection in the UK'* Guidance on answering the discussion points from the book* Web links and further reading
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Data Protection A Practical Guide To Uk And Eu Law

Author : Peter Carey
ISBN : 9780191580352
Genre : Law
File Size : 79.35 MB
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Now in its third edition, this invaluable handbook offers practical solutions to issues arising in relation to data protection law. It is fully updated and expanded to include coverage of all of the significant developments in the practice of data protection, and takes account of the wealth of guidance published by the Information Commissioner since the last edition. The third edition includes new material on the changes to the Commissioner's powers and new guidance from the Commissioner's office, coverage of new cases on peripheral aspects of data protection compliance and examples of enforcement, the new code on CCTV processing, the new employment code, clarification on the definition of "personal data", the binding corporate rules on the exemption to the export data ban and the new ICT set of model contractual provisions for data exports, and the proposed action by the EU against the UK for failing to implement the Data Protection Directive appropriately. There are new chapters on terminology and data security.
Category: Law

Public Procurement In The Eu

Author : Peter-Armin Trepte
ISBN : OSU:32437122693324
Genre : Law
File Size : 55.38 MB
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This is a commentary on the two new EC Directives on public procurement, which are due to be implemented and in force by January 2006, together with practical guidance upon their application and implementation in national law. The author offers a clear and precise explanation of the meaningand significance of the rules and identifies and discusses the problem areas in understandable terms. A new feature of the second edition is that it covers all procurement rules relating to the institutions of the EC itself, for example rules relating to procurement by the EC Commission or EuropeanDevelopment Fund. The author is a recognized expert in this field, bringing to bear experience both in private practice and as an adviser to governments and public bodies to provide an essential reference guide for all who operate in this field.The book is based on the provisions of the Directives themselves and, as such, sets out the minimum requirements that must be followed by each member state in the process of transposition. Whilst it considers the EU objectives of procurement regulation and the interpretations provided by theEuropean Court, its primary purpose is to explain the effects of the EC rules in the context of real world procurement practices and procedures. The book takes into account the latest amendments brought about by the EC Directives of 2004, including: the consolidation of the Directives to introduce amore sequenced logic; the significant improvements and amendments brought about by both Directives: the introduction of new procedures; the introduction of electronic procurement (including specific provisions relating to dynamic purchasing systems and electronic auctions); the permissibility of theapplication of social and environmental policies and the applicable conditions as well as the amendments to the utilities sector Directive in respect of its scope (coverage of telecommunications removed and postal services added); the new general escape mechanisms for competitive markets and thesignificant changes to the affiliated undertakings. The book also covers the other EC procurement rules which apply to funded contracts and contracts benefiting third countries.
Category: Law

European Union Law

Author : Robert Schütze
ISBN : 9781108692090
Genre : Law
File Size : 73.75 MB
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European law has come to influence almost all fields of national law, including administrative, constitutional, contract, criminal and even tort law. But what is the European Union? How does it work? How does it produce European law? This book uses a clear framework to guide readers through all core constitutional and substantive topics of EU law. New content includes: a Brexit chapter covering the negotiation process and the possible future relationships between the United Kingdom and the European Union, new EU private international law and EU criminal law sections, extended coverage of delegated legislation, human rights and free movement of persons. All chapters reflect judicial and legislative practice up to 31st December 2017. Key features: case extracts accompanied by extensive critical discussion of the theoretical and practical aspects of EU law, over 100 figures and tables clarifying complex topics and a companion website with full 'Lisbonised' versions of cited cases and many extra materials.
Category: Law

Media Law In The European Union

Author : Peggy Valcke
ISBN : 9041140093
Genre : Law
File Size : 43.88 MB
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Derived from the renowned multi-volume International Encyclopaedia of Laws, this analysis of media law in the European Union surveys the massively altered and enlarged legal landscape traditionally encompassed in laws pertaining to freedom of
Category: Law