An International Perspective On Design Protection Of Visible Spare Parts

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An International Perspective on Design Protection of Visible Spare Parts

Author : Dana Beldiman
Publisher : Springer
ISBN 13 : 3319540602
Total Pages : 132 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis An International Perspective on Design Protection of Visible Spare Parts by : Dana Beldiman

Download or read book An International Perspective on Design Protection of Visible Spare Parts written by Dana Beldiman and published by Springer. This book was released on 2017-04-06 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Routledge Handbook of EU Copyright Law

Author : Eleonora Rosati
Publisher : Routledge
ISBN 13 : 1000364089
Total Pages : 686 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis The Routledge Handbook of EU Copyright Law by : Eleonora Rosati

Download or read book The Routledge Handbook of EU Copyright Law written by Eleonora Rosati and published by Routledge. This book was released on 2021-04-21 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Lavinia Brancusi
Publisher : Taylor & Francis
ISBN 13 : 1000902927
Total Pages : 290 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis EU Trade Mark Law and Product Protection by : Lavinia Brancusi

Download or read book EU Trade Mark Law and Product Protection written by Lavinia Brancusi and published by Taylor & Francis. This book was released on 2023-07-13 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Brian W. Gray
Publisher : Kluwer Law International B.V.
ISBN 13 : 940352555X
Total Pages : 603 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Industrial Design Rights by : Brian W. Gray

Download or read book Industrial Design Rights written by Brian W. Gray and published by Kluwer Law International B.V.. This book was released on 2020-10-14 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Annette Kur
Publisher : Edward Elgar Publishing
ISBN 13 : 1849809585
Total Pages : 637 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Intellectual Property Rights in a Fair World Trade System by : Annette Kur

Download or read book Intellectual Property Rights in a Fair World Trade System written by Annette Kur and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

National Trade Estimate ... Report on Foreign Trade Barriers

Author : United States. Office of the U.S. Trade Representative
Publisher :
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.3/5 (129 download)

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Book Synopsis National Trade Estimate ... Report on Foreign Trade Barriers by : United States. Office of the U.S. Trade Representative

Download or read book National Trade Estimate ... Report on Foreign Trade Barriers written by United States. Office of the U.S. Trade Representative and published by . This book was released on 2000 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The EU Design Approach

Author : Annette Kur
Publisher : Edward Elgar Publishing
ISBN 13 : 1785364146
Total Pages : 296 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis The EU Design Approach by : Annette Kur

Download or read book The EU Design Approach written by Annette Kur and published by Edward Elgar Publishing. This book was released on 2018 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU’s ‘Design Approach’ represented a unique attempt to protect industrial design and designers in and on their own terms. It has now been in place for more than a decade and this book, including contributions from leading international scholars, takes stock and attempts to find out what became of the Design Approach: Is it still observed; what has it achieved; how does it interact with other areas of the law; what became of the spare parts problem and how did the world respond to it?

Concise European Design Law

Author : Verena von Bomhard
Publisher : Kluwer Law International B.V.
ISBN 13 : 940354046X
Total Pages : 624 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Concise European Design Law by : Verena von Bomhard

Download or read book Concise European Design Law written by Verena von Bomhard and published by Kluwer Law International B.V.. This book was released on 2023-10-25 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Industrial Design Rights:An International Perspective

Author : Brian Gray
Publisher : Springer
ISBN 13 : 9789041196842
Total Pages : 0 pages
Book Rating : 4.1/5 (968 download)

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Book Synopsis Industrial Design Rights:An International Perspective by : Brian Gray

Download or read book Industrial Design Rights:An International Perspective written by Brian Gray and published by Springer. This book was released on 2001-05-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comparative analysis of the theory, scope and type of design protection, which differ widely from country to country. Few cross-jurisdictional comparisons of industrial design laws have been previously published and this book arises from one of the first such attempts by the Intellectual Property Committee of the International Bar Association. Industrial designs are particularly interesting because the laws in many countries attempt in different ways to find a balance between protection for the artistic and freedom to use the purely functional, between the proprietary rights of the creator and the public domain rights of the competitor. The work comprises twenty country reports written by a prominent intellectual property lawyer, each chapter focused around a common series of questions to facilitate cross-jurisdictional comparison.

Spares, Repairs, and Intellectual Property Rights

Author : Christopher Heath
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131361
Total Pages : 250 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Spares, Repairs, and Intellectual Property Rights by : Christopher Heath

Download or read book Spares, Repairs, and Intellectual Property Rights written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

History of Design and Design Law

Author : Tsukasa Aso
Publisher : Springer Nature
ISBN 13 : 981168782X
Total Pages : 562 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis History of Design and Design Law by : Tsukasa Aso

Download or read book History of Design and Design Law written by Tsukasa Aso and published by Springer Nature. This book was released on 2022-04-22 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time, this book provides an up-to-date history of product design and product design law covering 17 countries — Japan, Korea, China, Singapore, the United Kingdom, Germany, France, Italy, the Nordic countries (Denmark, Finland, Iceland, Norway and Sweden), Russia, the United States, Brazil and Australia — selected for their innovative or influential approach to design or design protection. Each country is the subject of two chapters — one on the history of design and the other on the history of design law — authored by experts in design and intellectual property (IP) law. This unique interdisciplinary approach explains why and how various national design protection systems (that can include design, copyright, trade mark, competition and civil laws) developed, making it an ideal book for students, researchers and lawyers. The book also serves as an international survey of different national policy and legal responses to historical developments and specific design and legal issues allowing readers to consider their advantages and disadvantages — and so is also recommended for policy and law makers, as well as organizations that administer IP rights. Topics include the subject matter of design protection; procedural and substantive requirements; design registration; infringement; and the overlap of design rights and other IP rights. The chapters on design history provide further context to the historical development of these legal concepts by considering major design movements, key designers and iconic designs and the current state of design. The chapters highlight the connected and often complementary relationship between the two histories, not only for each country, but at the regional and international level, often as a result of government policies, trade, colonialism, immigration and globalisation. Design and design practice continue to become more global and evolve with developments in technology. At the same time, design laws are not internationally harmonized and continue to develop at the national level, with a number of significant changes occurring in recent years. This timely book shows how the lessons of the past continue to inform the future direction of design and the legal systems developed to protect it.

Research Handbook on Design Law

Author : H. Hartwig
Publisher : Edward Elgar Publishing
ISBN 13 : 9781781955871
Total Pages : 584 pages
Book Rating : 4.9/5 (558 download)

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Book Synopsis Research Handbook on Design Law by : H. Hartwig

Download or read book Research Handbook on Design Law written by H. Hartwig and published by Edward Elgar Publishing. This book was released on 2021-05-28 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Split across five thematic parts, this Research Handbook examines the foundations of, and methodological perspectives on, design law, the establishment and enforcement of protection, as well as many other critical issues, addressed from a transnational and comparative approach. Chapters consider protection of three-dimensional trademarks, graphical user interfaces, spare parts, protection of designs on the basis of use, priority issues under the Community design scheme, and cross-border copyright protection in Europe. Clear and accessible, the Research Handbook on Design Law will be of value to emerging and established scholars and students of international design law, while also being a key resource for practitioners and policy makers seeking to react and adapt to the rapid emergence of global developments.

European Design Protection

Author : Levin
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041101128
Total Pages : 448 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis European Design Protection by : Levin

Download or read book European Design Protection written by Levin and published by Kluwer Law International B.V.. This book was released on 1996-01-01 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Japanese Design Law and Practice

Author : Christoph Rademacher
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403506458
Total Pages : 426 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Japanese Design Law and Practice by : Christoph Rademacher

Download or read book Japanese Design Law and Practice written by Christoph Rademacher and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Max Planck Series on Asian Intellectual Property Law Volume 18 Indisputably, Japan is today a major hub of product design, and designs made in Japan play an influential role in the world across a wide range of industries. This is the first and only book in English to provide a detailed overview and discussion of product design protection and practice under Japanese law. In addition to expert analysis of the application of design law by Japanese courts and the Japan Patent Office (including the far-reaching 2020 amendments), the book features seven contributions by Japanese product designers from specific industries who describe the product design process in their industry and its legal ramifications worldwide. With in-depth description and analysis and many detailed explanatory figures and tables, the contributors cover such issues and topics as the following: ownership of design rights; requirements for design protection; application process for design registration; examination procedure; appeals and invalidity trials; design infringement and scope of protection; overlap of design and other intellectual property rights; design protection and competition law; international jurisdiction and governing law; and design rights and commercial transactions. Industry-specific chapters cover the application of design law in furniture, home appliances, cell phones, cars, advertising, product packaging, web design, and typeface design. The book concludes with a chapter highlighting differences in design law in Japan and the European Union. Given that Japanese design experts often note a lack of understanding of Japanese design law and practice by foreign companies, this book will appeal to law firm practitioners and in-house counsel involved in global design right portfolio management and design protection in Japan. It will also appeal to intellectual property scholars and product designers with an interest in Japanese design practice and law.

History of Design and Design Law

Author : Tsukasa Aso
Publisher : Springer
ISBN 13 : 9789811687846
Total Pages : 0 pages
Book Rating : 4.6/5 (878 download)

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Book Synopsis History of Design and Design Law by : Tsukasa Aso

Download or read book History of Design and Design Law written by Tsukasa Aso and published by Springer. This book was released on 2023-04-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time, this book provides an up-to-date history of product design and product design law covering 17 countries — Japan, Korea, China, Singapore, the United Kingdom, Germany, France, Italy, the Nordic countries (Denmark, Finland, Iceland, Norway and Sweden), Russia, the United States, Brazil and Australia — selected for their innovative or influential approach to design or design protection. Each country is the subject of two chapters — one on the history of design and the other on the history of design law — authored by experts in design and intellectual property (IP) law. This unique interdisciplinary approach explains why and how various national design protection systems (that can include design, copyright, trade mark, competition and civil laws) developed, making it an ideal book for students, researchers and lawyers. The book also serves as an international survey of different national policy and legal responses to historical developments and specific design and legal issues allowing readers to consider their advantages and disadvantages — and so is also recommended for policy and law makers, as well as organizations that administer IP rights. Topics include the subject matter of design protection; procedural and substantive requirements; design registration; infringement; and the overlap of design rights and other IP rights. The chapters on design history provide further context to the historical development of these legal concepts by considering major design movements, key designers and iconic designs and the current state of design. The chapters highlight the connected and often complementary relationship between the two histories, not only for each country, but at the regional and international level, often as a result of government policies, trade, colonialism, immigration and globalisation. Design and design practice continue to become more global and evolve with developments in technology. At the same time, design laws are not internationally harmonized and continue to develop at the national level, with a number of significant changes occurring in recent years. This timely book shows how the lessons of the past continue to inform the future direction of design and the legal systems developed to protect it.

Research Handbook on Design Law

Author : Henning Hartwig
Publisher : Edward Elgar Publishing
ISBN 13 : 1781955883
Total Pages : 584 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Research Handbook on Design Law by : Henning Hartwig

Download or read book Research Handbook on Design Law written by Henning Hartwig and published by Edward Elgar Publishing. This book was released on 2021-05-28 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Intellectual Property Rights for Engineers

Author : Vivien Irish
Publisher : IET
ISBN 13 : 0863414907
Total Pages : 222 pages
Book Rating : 4.8/5 (634 download)

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Book Synopsis Intellectual Property Rights for Engineers by : Vivien Irish

Download or read book Intellectual Property Rights for Engineers written by Vivien Irish and published by IET. This book was released on 2005-08 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property Rights for Engineers explains the general principles behind the law protecting innovation, quoting cases from the engineering domain in order to clarify legal issues.