An International Perspective on Design Protection of Visible Spare Parts
An International Perspective on Design Protection of Visible Spare Parts

Author: Dana Beldiman

Publisher: Springer

Published: 2017-04-06

Total Pages: 141

ISBN-13: 3319540602

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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.

Design Law
Design Law

Author: Dana Beldiman

Publisher: Edward Elgar Publishing

Published: 2024-09-06

Total Pages: 767

ISBN-13: 1800886527

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This book provides a comprehensive assessment of the current legal landscape of global design law. It includes practice-based and analytical accounts of national design laws from several representative jurisdictions and delves into the practical and theoretical dimensions of some of the most urgent procedural issues facing this legal field.

The Routledge Handbook of EU Copyright Law
The Routledge Handbook of EU Copyright Law

Author: Eleonora Rosati

Publisher: Routledge

Published: 2021-04-21

Total Pages: 686

ISBN-13: 1000364089

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The Routledge Handbook of EU Copyright Law provides a definitive survey of copyright harmonization in the European Union, capturing the essential and relevant issues of this relatively recent phenomenon. Over the past few years, two themes have emerged: on the one hand, copyright policy and legislative initiatives have intensified; on the other hand, the large number of references to the Court of Justice of the European Union has substantially shaped the EU copyright framework and, with it, the copyright framework of individual EU Member States. This handbook is a detailed reference source of original contributions which analyze and critically evaluate the state of EU copyright law with a view to detecting the key trends and patterns in the evolution of EU copyright, weighing the benefits and disadvantages of such evolution. It covers a broad range of topics through clusters focused on: the history and approaches to EU copyright harmonization; harmonization in the areas of exclusive rights, exceptions and limitations, and enforcement; copyright policy and legacy of harmonization. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook on European Copyright Law is an essential resource for students and scholars who are interested in the field of copyright law.

EU Trade Mark Law and Product Protection
EU Trade Mark Law and Product Protection

Author: Lavinia Brancusi

Publisher: Taylor & Francis

Published: 2023-07-13

Total Pages: 290

ISBN-13: 1000902927

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This book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors’ ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding.

Industrial Design Rights
Industrial Design Rights

Author: Brian W. Gray

Publisher: Kluwer Law International B.V.

Published: 2020-10-14

Total Pages: 603

ISBN-13: 940352555X

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This book is a revised and updated edition of a major work first published in 2001 under the auspices of the Intellectual Property Committee of the International Bar Association. As a comparative cross-jurisdictional analysis of the practice, theory, scope, and types of design protection, it will continue to be of immeasurable value to lawyers and others involved in industrial design. Industrial designs are particularly interesting because the laws in many countries attempt in different ways to find a balance between protection for the artistic creation and the freedom to use the purely functional, and between the proprietary rights of the creator and the public domain rights of the competitor. The third edition is comprised of twenty-five country reports, each written by one or more prominent intellectual property lawyer(s) in the country covered. To facilitate cross-jurisdictional comparison, each report is structured according to the following sequence of topics: new developments in each jurisdiction; conventions and legislation; definition of what constitutes a protectable design; originality /novelty; duration of protection; infringement; defences to infringement; procedures for filing application for registration; and expunging, cancelling, or varying registration. Prominent new developments covered in the third edition include new chapters from South Korea, Russia and Turkey as well as continuing coverage of the impact of the European Community Design Directive, the adoption of the Hague Agreement with corresponding major changes to US and Canadian design law and practice, the newly revised Japanese Design Law, and China’s revised Guidelines for Examination. Each jurisdiction’s currently applicable legislation, regulation, and case law is summarized and analysed.

Intellectual Property Rights in a Fair World Trade System
Intellectual Property Rights in a Fair World Trade System

Author: Annette Kur

Publisher: Edward Elgar Publishing

Published: 2011-01-01

Total Pages: 637

ISBN-13: 1849809585

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Intellectual Property law (IP) - particularly in relation to international trade regimes - is increasingly finding itself challenged by rapid developments in the technological and global economic landscapes. In its attempt to maintain a responsive legislative system that is interacting successfully with global trade rules, IP is having to respond to an increasing number of actors on an international level. This book examines the problems associated with this undertaking as well as suggesting possible revisions to the TRIPS agreement that would make it more relevant to the environment in which today's IP mechanisms are operating. The overall aim is to find an adequate response to the 'IP balance dilemma'. The theme is pursued throughout various topics, including a look at what this means in relation to economy in a country like China, and also considering how IP is increasingly having to reconcile itself with human rights issues.

Concise European Design Law
Concise European Design Law

Author: Verena von Bomhard

Publisher: Kluwer Law International B.V.

Published: 2023-10-25

Total Pages: 624

ISBN-13: 940354046X

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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.

Regulating Industrial Internet Through IPR, Data Protection and Competition Law
Regulating Industrial Internet Through IPR, Data Protection and Competition Law

Author: Rosa Maria Ballardini

Publisher: Kluwer Law International B.V.

Published: 2019-08-28

Total Pages: 517

ISBN-13: 9403503416

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The digitization of industrial processes has suddenly taken a great leap forward, with burgeoning applications in manufacturing, transportation and numerous other areas. Many stakeholders, however, are uncertain about the opportunities and risks associated with it and what it really means for businesses and national economies. Clarity of legal rules is now a pressing necessity. This book, the first to deal with legal questions related to Industrial Internet, follows a multidisciplinary approach that is instructed by law concerning intellectual property, data protection, competition, contracts and licensing, focusing on business, technology and policy-driven issues. Experts in various relevant fields of science and industry measure the legal tensions created by Industrial Internet in our global economy and propose solutions that are both theoretically valuable and concretely practical, identifying workable business models and practices based on both technical and legal knowledge. Perspectives include the following: regulating Industrial Internet via intellectual property rights (IPR); data ownership versus control over data; artificial intelligence and IPR infringement; patent owning in Industrial Internet; abuse of dominance in Industrial Internet platforms; data collaboration, pooling and hoarding; legal implications of granular versioning technologies; and misuse of information for anticompetitive purposes. The book represents a record of a major collaborative project, held between 2016 and 2019 in Finland, involving a number of universities, technology firms and law firms. As Industrial Internet technologies are already being used in several businesses, it is of paramount importance for the global economy that legal, business and policy-related challenges are promptly analyzed and discussed. This crucially important book not only reveals the legal and policy-related issues that we soon will have to deal with but also facilitates the creation of legislation and policies that promote Industrial-Internet-related technologies and new business opportunities. It will be warmly welcomed by practitioners, patent and other IPR attorneys, innovation economists and companies operating in the Industrial Internet ecosystem, as well as by competition authorities and other policymakers.

Spares, Repairs, and Intellectual Property Rights
Spares, Repairs, and Intellectual Property Rights

Author: Christopher Heath

Publisher: Kluwer Law International B.V.

Published: 2009-01-01

Total Pages: 250

ISBN-13: 9041131361

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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.