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Spares Repairs And Intellectual Property Rights

Author : Christopher Heath
ISBN : 9789041131362
Genre : Law
File Size : 88.24 MB
Format : PDF
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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 and‘repairand’ and and‘recycleand’ 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 and‘identityand’; the concept of and‘indirectand’ or and‘contributoryand’ 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.
Category: Law

An International Perspective On Design Protection Of Visible Spare Parts

Author : Dana Beldiman
ISBN : 9783319540603
Genre : Law
File Size : 63.83 MB
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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.
Category: Law

The Protection Of Intellectual Property Rights In Outer Space Activities

Author : Tosaporn Leepuengtham
ISBN : 9781785369629
Genre :
File Size : 52.8 MB
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This book considers the intellectual property issues which are raised by space activities. While outer space itself remains out of reach for most of us, the results of space activities and developments from space technology are becoming ever-more integrated in our daily lives. Despite this, there is often little understanding of the importance of space technologies, how existing legal rules may apply in terms of protecting the technology, or whether legal protection, such as copyright, may be enforced if the unauthorised use takes place beyond conventional territorial borders in outer space.

Eu Copyright Law

Author : Irini Stamatoudi
ISBN : 9781781952436
Genre : Law
File Size : 63.13 MB
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EU Copyright Law is a seminal commentary work from a team of leading experts in the field combining aspects of theory and practice and placing copyright in perspective. It will be an indispensable reference tool for academics, researchers, practitioner
Category: Law

Indigenous Heritage And Intellectual Property

Author : Silke von Lewinski
ISBN : 9789041124920
Genre : Law
File Size : 65.70 MB
Format : PDF, Mobi
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For indigenous cultures, property is an alien concept. Yet the market-driven industries of the developed world do not hesitate to exploit indigenous raw materials, from melodies to plants, using intellectual property law to justify their behaviour. Existing intellectual property law, for the most part, allows industries to use indigenous knowledge and resources without asking for consent and without sharing the benefits of such exploitation with the indigenous people themselves. It should surprise nobody that indigenous people object. Recognizing that the commercial exploitation of indigenous knowledge and resources takes place in the midst of a genuine and significant clash of cultures, the eight contributors to this important book explore ways in which intellectual property law can expand to accommodate the interests of indigenous people to their traditional knowledge, genetic resources, indigenous names and designations, and folklore. In so doing they touch upon such fundamental issues and concepts as the following: collective rights to the living heritage; relevant human rights norms; benefit-sharing in biological resources; farmers rights; the practical needs of documentation, assistance, and advice; the role of customary law; bioprospecting and biopiracy; and public domain. As a starting point toward mutual understanding and a common basis for communication between Western-style industries and indigenous communities, Indigenous Heritage and Intellectual Property is of immeasurable value. It offers not only an in-depth evaluation of the current legal situation under national, regional and international law including analyses of the Convention on Biological Diversity and other international instruments, as well as initiatives of the World Intellectual Property Organization (WIPO), the UN Food and Agriculture Organization (FAO), and other international bodies but also probes numerous further possibilities. While no one concerned with indigenous culture or environmental issues can afford to ignore it, this book is also of special significance to practitioners and policymakers in intellectual property law in relation to indigenous heritage. This book, here in its second edition, presents the most recent state of knowledge in the field.
Category: Law

3d Printing Intellectual Property And Innovation

Author : Rosa Maria Ballardini
ISBN : 9041183825
Genre : Law
File Size : 38.76 MB
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3D Printing, Intellectual Property and Innovation evaluates the tensions created by 3D printing (3DP) technology in the context of growing global economy. The term '3DP' (or, more correctly, additive manufacturing) refers to the software-driven technologies that create physical objects by successive layering of materials. As a result of the improved quality of objects produced and lowered processing costs, the availability of these technologies has caused major implications not only for manufacturers and distributors but also for users and consumers, raising unprecedented challenges for IP protection and enforcement. This is the first book to discuss 3DP technology from a multidisciplinary perspective that encompasses law, economics, engineering, technology and policy. Originating in a collaborative study spearheaded by the Hanken School of Economics, the Aalto University and the University of Helsinki in Finland, and engaging an international consortium of legal, design and production engineering experts with substantial contributions from industrial partners, this book fully exposes and examines the fundamental questions related to the nexus of IP law, emerging technologies, 3DP, business innovation and policy issues. What's in this book: Twenty-five legal, technical and business experts have contributed sixteen peer-reviewed chapters, each focusing on a specific area. The topics covered include: current and future business models for 3D printing applications; intellectual property rights in 3D printing; essential patents and technical standards in additive manufacturing; patent and bioprinting; private use and 3D printing; copyright licences on the user-generated content (UGC) in 3D printing; copyright implications of 3D scanning; and non-traditional trademark infringement in the 3D printing context. Specific industrial applications - including aeronautics, automotive industries, construction equipment, toy and jewellery making, medical devices, tissue engineering and regenerative medicine - are touched upon in the course of analyses. In a legal context, the central focus is on the technology's implications for US and European IP law, particularly in patenting bioprinting technologies. How will this help you: As a multidisciplinary approach combining the fields of engineering, law and business, this book provides suitable solutions both on how to navigate the IP risks involved with 3DP and on how to further develop and interpret the existing IP rules in the context of 3DP. This work, thus, serves as a peerless resource for patent, copyright and trademark attorneys and other corporate counsel, innovation economists, industrial designers and engineers, and academics and policymakers concerned with this complex topic.
Category: Law

Intellectual Property And International Trade

Author : Carlos M. Correa
ISBN : 9041166343
Genre : Law
File Size : 85.49 MB
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The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most far-reaching and comprehensive legal regime ever concluded at the multilateral level in the area of intellectual property rights (IPR). Compared to prior IPR conventions, TRIPS constitutes a major qualitative leap which radically modifies not only the context in which IPR are considered internationally, but also their substantive content and the methods for their enforcement and dispute settlement. This much-welcomed treatise, now in its third edition, thoroughly updates its comprehensive analysis of the substantive provisions of the Agreement and their actual interpretation and application in different jurisdictions, with new material on the burgeoning case law and on major changes in plant variety protection. As in previous editions, the book may be relied upon for in-depth clarification of such matters as the following: standards established under the agreement; enforcement measures; social and legal issues; legal and policy possibilities offered; legislative latitude allowed to WTO Member States; incorporation of TRIPS into domestic law; protection of integrated circuit design; protection of innovation and R&D for diseases that disproportionately affect developing countries; challenges raised by ongoing technological changes; access to medicines; protection of confidential (undisclosed) information; and interface between competition law and intellectual property protection. With fifteen chapters contributed by a distinguished panel of experts representing diverse parties - international organisations, legal practice, government policy, and academia - the third edition offers an incomparable framework for understanding the background, principles, and complex provisions of the TRIPS Agreement. Thoroughly revised and updated, the third edition will be of great value to all professionals and business people concerned with international trade. It stimulates further discussion and analysis in this area of growing importance to international law and international economic relations, particularly regarding the possibilities offered by the Agreement and the loose ends that may need consideration in the future at the national or international level.
Category: Law

Chinese Intellectual Property Law And Practice

Author : Mark A. Cohen
ISBN : STANFORD:36105060442618
Genre : Law
File Size : 68.20 MB
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Although there is intellectual property protection in China, many companies, wary of China's much-publicized reputation for counterfeiting and piracy, fail to enter the largest developing market in the world because of an excess of caution. By detailing protection procedures that work, this very practical handbook opens the door to a secure presence in the Chinese marketplace. Chinese Intellectual Property Law and Practice covers every step a company's counsel or patent agent needs to take, from registration of rights to invoking the effective enforcement methods now in place under Chinese law, in order to ensure effective protection of copyrights, patents, trademarks, trade names, trade secrets, and licensing arrangements in China. Written by a panel of active Chinese trade authorities--including practicing lawyers, academic specialists, and even a private investigator--the book shows how to: transfer intellectual property when investing in China license products and services successfully in China challenge unfair trade activities successfully via the US International Trade Commission and other non-Chinese authorities use Chinese media and communications to undermine piracy and foster good will secure strong judicial enforcement against copyright infringement combat creative theft of IP rights, especially on the Internet evaluate the efficacy of a factory raid Also included are numerous case studies from specific industries (including software, sporting goods, publishing, and luxury goods), a model contract, a bibliography, and a list of web sites.
Category: Law