Enforcement of Intellectual Property Rights in the EU Member States

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Publisher :
ISBN 13 : 9781780686813
Total Pages : 0 pages
Book Rating : 4.6/5 (868 download)

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Book Synopsis Enforcement of Intellectual Property Rights in the EU Member States by : Flip Petillion

Download or read book Enforcement of Intellectual Property Rights in the EU Member States written by Flip Petillion and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enforcement of Intellectual Property Rights in the EU Member States provides a timely overview and thorough analysis of intellectual property rights enforcement in the EU Member States. Taking legal action in one or several countries in the EU to enforce intellectual property rights is quite a challenge. The adoption of European Directive 2004/48/EC on the Enforcement of Intellectual Property Rights was meant to put a halt to considerable discrepancies in national legislations which caused uncertainty and a difference in enforcement between the EU Member States. The Enforcement Directive aimed to create a level playing field and to ensure a high, equivalent and homogeneous level of intellectual property protection across the EU.Over the past decade, the Enforcement Directive has been transposed into all EU Member States, in national legislation and through its application in national and EU case law. Both are essential to understand the Enforcement Directive's actual scope of application. In order to prepare and undertake an action in different countries potentially simultaneously knowledge of national legislation, local custom and practice, as well as procedural law, national and EU case law is essential.This book is a collaborative effort of lawyers from top tier firms from all 28 EU Member States. It is a valuable resource for both practitioners who are active cross-border and internationally and general counsel who seek an in-depth analysis of the legal landscape across the EU.

European Intellectual Property Law

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Publisher : Oxford University Press, USA
ISBN 13 : 0198831285
Total Pages : 712 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis European Intellectual Property Law by : Justine Pila

Download or read book European Intellectual Property Law written by Justine Pila and published by Oxford University Press, USA. This book was released on 2019-08-08 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Intellectual Property Law offers a full account of the main areas of substantive European IP law and a discussion of their wider context and effect. The amount and reach of European law, and decision-making in the field of intellectual property has grown exponentially since the 1960s, making it increasingly difficult to treat European law as an adjunct to domestic intellectual property regimes. European Intellectual Property Law responds to this reality by presenting a clear and detailed account of each of the main areas of substantive EU intellectual property law, situated in the context of both the EU legal system and international IP law, including EU constitutional law, the law of the European Patent Convention 1973/2000, and private international law. It draws selectively on examples from domestic IP regimes to illustrate substantive differences between those regimes and to demonstrate the impact of European law, and decision-making on EU Member States. This unique, thoroughly modern approach goes beyond a discussion of the provisions of European legal instruments to consider their wider context and effect. European Intellectual Property Law is the ideal guide for any student wishing to gain a full and critical understanding of the substantive European law of intellectual property.

Enforcement of Intellectual Property Rights in Dutch, English and German Civil Procedure

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127267
Total Pages : 334 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Enforcement of Intellectual Property Rights in Dutch, English and German Civil Procedure by : George Cumming

Download or read book Enforcement of Intellectual Property Rights in Dutch, English and German Civil Procedure written by George Cumming and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Directive 2004/48 EC obliges Member States to seek to achieve 'partial harmonization' of the remedies, procedures and measures necessary to enforce intellectual property law. These obligations provide what may be termed a minimum standard which must be fulfilled by the Member States in the course of their implementation of the Directive. However, the Directive is not faring well at the Member State level. The three authors' vastly detailed, article-by-article analysis of the fortunes of Directive 2004/48 EC in three EU jurisdictions offers enormously valuable insights into the complex ways Member States respond to Community law, and in so doing provides an important addition to the ongoing inquiry into the nature of the reciprocal tensions between EU law (both judicial and legislative) and the laws of Member States. The particular investigation undertaken here reveals three paradigmatic situations: the situation in which the Directive has not been implemented at all, either because the Member State believes that its current legislation is adequate or that the wording of the Directive is such that no special legislation is required (England); the situation in which implementation has been inadequate, because either the pre-existing legislation constitutes inadequate legislation or because the specifically adopted legislation proves to be legally uncertain (The Netherlands); and the situation in which the relevant time for implementation for the Directive has elapsed and no specific legislation has been adopted (Germany). If there really is, as the European Commission contends, an 'enforcement deficit' in the protection of intellectual property rights by national rules of procedure, then the most effective remedial approach, Cummings shows, is through the principles of legal certainty, full effect, and effective judicial protection. These principles will assist the national court in interpretation of the precise meaning of the substantive obligations under the Directive. Drawing on the tenor of ECJ law that national procedural rules should not present an obstacle to adequate judicial protection, the author considers the conditions that must be fulfilled before an eventual claimant, who has suffered loss and damage caused by either the non-implementation or the incorrect implementation of a directive, may bring an action against the State for breach of Community law. The author presents his analyses of the implementation of the Directive in Dutch and English national procedure and his proposals for German implementation as three separate cases rather than comparatively, as any attempt to compare either the method of national implementation or the degree of adequacy or inadequacy inevitably obscures the essential particularities of each of the three national systems in relation to the Directive. Although this book will repay the study of anyone interested in European law, it will be of special value to practitioners and policymakers engaged in intellectual property law, particularly in EU Member States.

EU Intellectual Property Law and Policy

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1781003483
Total Pages : 584 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis EU Intellectual Property Law and Policy by : The late Catherine Seville

Download or read book EU Intellectual Property Law and Policy written by The late Catherine Seville and published by Edward Elgar Publishing. This book was released on 2016-09-28 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated book offers a compact and accessible account of EU intellectual property (IP) law and policy. The digital age brings many opportunities, but also presents continuing challenges to IP law as the EU’s programme of harmonisation unfolds. As well as addressing the main IP rights (copyright, patents, designs, trade marks and related rights), the book also considers IP’s relationship with the EU’s rules on free movement of goods and competition, as well as examining the enforcement of IP rights. Taking account of numerous changes, this timely second edition covers the substantive provisions and procedures which apply throughout the EU, making extensive reference to the case law. The author considers how the exploitation of IP is increasingly global; harmonisation, in contrast, is only partial, even at the EU level. In response, the book sets EU IP law in its wider international context. It also seeks to highlight policy issues and arguments of relevance to the EU, in its relations both within the Union and with the rest of the world. Designed as a compact and approachable account of these difficult and technical areas, and with advice on further reading and research, this unique book is useful both as a work of reference and for more general study. It is essential reading for postgraduate students, academic researchers and legal practitioners alike.

Intellectual Property Rights in Central and Eastern Europe

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Publisher : IOS Press
ISBN 13 : 9789051994186
Total Pages : 200 pages
Book Rating : 4.9/5 (941 download)

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Book Synopsis Intellectual Property Rights in Central and Eastern Europe by : Elmar Altvater

Download or read book Intellectual Property Rights in Central and Eastern Europe written by Elmar Altvater and published by IOS Press. This book was released on 1998 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The establishment of Intellectual Property Rights is of utmost importance for the functioning of the market mechanism in a modern economy based more and more on trade in services and software products. Most Central and Eastern European Countries already dispose on systems of Intellectual Property Rights protection. The law enforcement mechanism in a series of countries, however, must still be strengthened. In one section of the book, the authors give an overview on the institutionalisation of Intellectual Property Rights in Central and Eastern Europe and in some successor states of the former Soviet Union with special regard to Russia. Moreover, Intellectual Property Rights systems in the United States and Western Europe are compared and the rules of WTO were taken under consideration in order to find out their potential for fostering (or hampering) the central and eastern European process of transition. Finally, a deliberation on the historical grounds and theoretical foundations of individual and common property rights with regard to economic and technological innovation is included into the collection. The volume gives a comprehensive overview on the state of Intellectual Property Rights institutionalisation in the course of the process of transition in Central and Eastern Europe.

Regulation (EU) No 608/2013 Concerning Customs Enforcement of Intellectual Property Rights

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041192468
Total Pages : 436 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Regulation (EU) No 608/2013 Concerning Customs Enforcement of Intellectual Property Rights by : Olivier Vrins

Download or read book Regulation (EU) No 608/2013 Concerning Customs Enforcement of Intellectual Property Rights written by Olivier Vrins and published by Kluwer Law International B.V.. This book was released on 2018-01-31 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning Regulation (EU) No 608/2013 Concerning Customs Enforcement of Intellectual Property Rights. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Regulation (EU) No 608/2013 Concerning Customs Enforcement of Intellectual Property Rights will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

Enforcement of Intellectual Property Rights through Border Measures

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Publisher : OUP Oxford
ISBN 13 : 9780199692934
Total Pages : 0 pages
Book Rating : 4.6/5 (929 download)

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Book Synopsis Enforcement of Intellectual Property Rights through Border Measures by : Olivier Vrins

Download or read book Enforcement of Intellectual Property Rights through Border Measures written by Olivier Vrins and published by OUP Oxford. This book was released on 2012-07-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fully updated to take account of recent legislation and guidance, this practical analysis of anti-counterfeiting and anti-piracy measures at EU borders provides a root and branch examination of the legislation and procedure in the jurisdictions of all Member States of the EU, offering a critical discussion of the latest practices.

Intellectual Property Rights as Obstacles to Legitimate Trade?

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403502053
Total Pages : 228 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Intellectual Property Rights as Obstacles to Legitimate Trade? by : Christopher Heath

Download or read book Intellectual Property Rights as Obstacles to Legitimate Trade? written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2018-09-20 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property Rights as Obstacles to Legitimate Trade helps to understand one of the underlying rationales of the TRIPS Agreement in light of some of the most pertinent IP issues. The WTO/TRIPS Agreement for the first time put IP rights in the context of trade rules, such as when does the exercise of IP rights become an unjustified burden to legitimate trade? Cases have arisen where IP rights are conferred, used, or enforced in a manner that arguably impedes trade, both in domestic and international contexts. This groundbreaking book is the first comprehensive assessment of this controversial area of trade law, shedding important new light on the underlying rationales of the TRIPS Agreement. With contributions by both practitioners and academics working in a range of countries, this book considers thorny issues in such areas as the following: – interpretation of ‘obstacles to legitimate trade’ in the context of GATT/ WTO jurisprudence; – separating markets by preventing parallel importation in the context of patents; – geoblocking – territorial separation of digital markets; – using trademarks to prevent competition; – geographical indications – protection of terms that are considered generic in certain domestic markets; – seizure of goods in transit; – ‘evergreening’ patents – attempts to extend the duration of patents; – rights to second-hand digital goods or content; – unjustified threats – towards appropriate standards of liability. Focusing on topical and under-researched areas of IP law, the contributors stimulate a discussion on an overarching concern that is not often addressed – how to assess whether the protection and enforcement of certain IP rights in particular situations should be classified as trade barriers. As an incisive analysis of the desirable balance between the exercise of IP rights and the demands of legitimate trade, this book will be welcomed by practitioners, lawmakers, policy advisers, and academics in both trade law and IP law.

Collective Management of Copyright and Related Rights

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Publisher : WIPO
ISBN 13 : 9280534653
Total Pages : 252 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Collective Management of Copyright and Related Rights by : World Intellectual Property Organization

Download or read book Collective Management of Copyright and Related Rights written by World Intellectual Property Organization and published by WIPO. This book was released on 2022-12-22 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third edition of Collective Management of Copyright and Related Rights presents an in-depth revision with invaluable updates on the different systems, legislative options and best practices of CMOs worldwide. As with previous editions, the book is written to reach a wide audience, with a special focus on questions that might emerge for governments as they prepare, adopt and apply collective management norms and regulations. The edition also sheds light on new copyright and related rights developments, including digital, technological and business trends, from all over the world. Additionally, there is detailed discussion on topics such as aspects of competition, national treatment, and different models of collective management.

EU Intellectual Property Law and Policy

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1848447469
Total Pages : 483 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis EU Intellectual Property Law and Policy by : Catherine Seville

Download or read book EU Intellectual Property Law and Policy written by Catherine Seville and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author has succeeded in her chief aim in writing this book to introduce a compact and accessible account of EU intellectual property law. . . this book is a useful background and excellent starting point for understanding EU intellectual property law. Jamil Ammar, European Intellectual Property Review This book s innovative contribution is to view EU IP law as a subject in its own right, not just an extra to accounts of national law. The very up-to-date coverage strikes an excellent balance between detail and overview, while Dr Seville also discusses thoughtfully the wider international frameworks, policy issues and debates in which development of EU IP law is enmeshed. Dr Seville fully deserves the gratitude of IP lawyers and students for this outstandingly helpful study. Hector Macqueen, Edinburgh Law School, UK The book is as timely as it is well-written and thorough. The contributions of the EU to most aspects of intellectual property law are increasingly dominant. This treatment places them apart from the national laws of member states, thus emphasising the common core that now they provide. Many will want to study this presentation. William R. Cornish, University of Cambridge, UK Intellectual property (IP) is a crucial contributor to economic growth and competitiveness within the EU. This book offers a compact and accessible account of EU intellectual property law and policy, covering copyright, patents, designs, trademarks and the enforcement of rights. The author also addresses aspects of the free movement of goods and services, competition law, customs measures and anti-counterfeiting efforts. Setting EU intellectual property law in its wider international context, this work reveals the framework within which the national IP laws of member states operate. The book seeks to highlight the most important policy issues and arguments of relevance to the EU, both within the Union, and in its relations with the rest of the world. With its detailed references, cross-referencing and suggestions for further readings, EU Intellectual Property Law and Policy is essential reading for postgraduate students and academic lawyers in IP and EU law. Practitioners seeking a broad account of the area will also appreciate this important contribution.

The Implementation and Enforcement of European Union Law in Small Member States

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Publisher : Springer Nature
ISBN 13 : 3030661156
Total Pages : 309 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis The Implementation and Enforcement of European Union Law in Small Member States by : Ivan Sammut

Download or read book The Implementation and Enforcement of European Union Law in Small Member States written by Ivan Sammut and published by Springer Nature. This book was released on 2021-03-11 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this book is to examine how the legal order of Malta, the EU's smallest Member State, manages to cope with the obligations of the EU's acquis communautaire. As far as the legal obligations are concerned, size does not matter. Smaller Member States have the same obligations as the largest, yet they have to meet these same obligations with very fewer resources. This book examines how the Maltese legal system manages to fulfil its obligations both in terms of the supremacy of EU law, as well as how the substantive EU law is transposed and implemented. It also explores how Maltese courts look at EU law and how they manage, or not manage, to enforce it within the context of national law. It can serve as a model to demonstrate how EU law is being implemented in the smallest Member State and can serve as a basis to study the effectiveness of EU law into the domestic law of its Member States in general.

Implementation of the EU Enforcement Directive in the Baltic Countries

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Publisher :
ISBN 13 : 9783845226934
Total Pages : 259 pages
Book Rating : 4.2/5 (269 download)

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Book Synopsis Implementation of the EU Enforcement Directive in the Baltic Countries by : Kristina Janušauskaité

Download or read book Implementation of the EU Enforcement Directive in the Baltic Countries written by Kristina Janušauskaité and published by . This book was released on 2010 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt:

New Developments in EU and International Copyright Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041159991
Total Pages : 522 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis New Developments in EU and International Copyright Law by : Irini A. Stamatoudi

Download or read book New Developments in EU and International Copyright Law written by Irini A. Stamatoudi and published by Kluwer Law International B.V.. This book was released on 2016-02-23 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than a source of income and a means of protection for creators, rightholders, and the creative and entertainment industries, copyright is also a vehicle for technological advances and economic development. In the European Union, industries with intensive emphasis on intellectual property rights (mainly copyright) generate more than a quarter of employment and more than a third of economic activity. Yet copyright continues to be plagued by problematic attempts to balance the interests of rightholders, the public, consumers, intermediaries, collecting societies, different national legal traditions, and other forces, European and global. This book draws a comprehensive picture of current, pending, and proposed copyright developments – legislation, ‘communications,’ white papers, and court decisions – at the levels of the European Union and the World Intellectual Property Organization. Twenty-two well-known and prestigious experts on intellectual property law from seventeen jurisdictions worldwide contribute essays on particular trends in copyright, including discussions of the following and more: - making content available in an EU digital single market; - collective management and multi-territorial licensing; - exceptions for libraries and archives, education and research; - traditional knowledge and cultural expressions; - unjustified geoblocking; - illegal content on the Internet; - text and data mining; - copyright enforcement online; and - role of the European Court of Justice. Policy recommendations are also set forth, as well as a detailed conceptual framework for a potential EU Copyright Code. As a detailed and thoughtful overview of current trends in copyright internationally, this book has no peers. It is sure to be welcomed by practitioners, policymakers, academics, researchers, and business leaders for whom intellectual property rights, and especially copyright, are of the first importance.

Intellectual Property Rights and International Trade

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Publisher : Nova Publishers
ISBN 13 : 9781604565621
Total Pages : 84 pages
Book Rating : 4.5/5 (656 download)

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Book Synopsis Intellectual Property Rights and International Trade by : Shayerah Ilias

Download or read book Intellectual Property Rights and International Trade written by Shayerah Ilias and published by Nova Publishers. This book was released on 2008 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Intellectual property rights basics -- Global intellectual property holdings -- Contribution of intellectual property to U.S. economy -- The organized structure of IPR protection -- U.S. trade law -- Issues for Congress.

International Copyright Law: U.S. and E.U. Perspectives

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1783477989
Total Pages : 880 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis International Copyright Law: U.S. and E.U. Perspectives by : Jane C. Ginsburg

Download or read book International Copyright Law: U.S. and E.U. Perspectives written by Jane C. Ginsburg and published by Edward Elgar Publishing. This book was released on 2015-05-29 with total page 880 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking casebook provides a comprehensive and comprehensible account of International Copyright law and its neighbouring rights, helping students to chart a path through these often difficult waters. It illuminates the fundamental influenc

Intellectual Property Laws of Europe

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Publisher : Wiley
ISBN 13 : 9780471952121
Total Pages : 664 pages
Book Rating : 4.9/5 (521 download)

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Book Synopsis Intellectual Property Laws of Europe by : George Metaxas-Maranghidis

Download or read book Intellectual Property Laws of Europe written by George Metaxas-Maranghidis and published by Wiley. This book was released on 1995-07-12 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: Organized for rapid access, this handy resource provides a country-by-country analysis with regard to the protection of copyright, patents, trademarks, utility models and designs across Europe. Every chapter is contributed by an expert local to each jurisdiction. Highlights and explains significant practical differences between the laws of each member of the European Union. Covers the following subjects as they apply to the main intellectual property rights: substantive conditions, definition of authorship/ownership, formal requirement to apply for protection, contents and restrictions on exploitation of individual rights, protection in practice and international aspects of the rights.

Constructing European Intellectual Property

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Publisher : Edward Elgar Publishing
ISBN 13 : 1781001642
Total Pages : 497 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Constructing European Intellectual Property by : Christophe Geiger

Download or read book Constructing European Intellectual Property written by Christophe Geiger and published by Edward Elgar Publishing. This book was released on 2013 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'It is no longer possible to practice, teach, or study purely domestic intellectual property law within Europe. European intellectual property norms now structure protection throughout the continent (and even beyond). Paradoxically, what might seem as a simplification of legal rules has created a maze of new complexities substantive, institutional and methodological. This collection by some of the leading scholars in European IP manages to capture that complexity without sacrificing clarity. Canvassing the entire field with a rich array of contributions, the book both highlights the roots of European IP law and asks important fundamental questions about where it is going. One can only hope that it is read by anyone with a hand in the future development of European IP law.' Graeme B. Dinwoodie, University of Oxford, UK 'Christophe Geiger has put together a very fine collection of essays by many of the very best scholars in European intellectual property law. The essays explore the basis, extent, as well as the successes and failings of regional harmonization of trade marks, geographical indications, copyright, designs, patents and remedies. The celebrated cast of authors naturally discuss, in addition to the various directives and regulations on each topic, the Treaty provisions on exhaustion of rights and competition (and their interpretation), relevant provisions on legislative competence, Article 17(2) of the Charter, other fundamental rights, and the growing case law of the Court of Justice. There is essential material here for anyone interested in European intellectual property law, as well as ideas for the improvement and further development of European IP law.' Lionel Bently, University of Cambridge, UK Constructing European Intellectual Property offers a comprehensive assessment of the current state of intellectual property legislation in Europe and gives direction on how an improved system might be achieved. This detailed study presents various perspectives on what further actions are necessary to provide the circumstances and tools for the construction of a truly balanced European intellectual property system. The book takes as its starting point that the ultimate aim of such a system should be to ensure sustainable and innovation-based economic growth while enhancing free circulation of ideas and cultural expressions. Being the first in the European Intellectual Property Institutes Network (EIPIN) series, this book lays down some concrete foundations for a deeper understanding of European intellectual property law and its complex interplay with other fields of jurisprudence as well as its impact on a broad array of spheres of social interaction. In so doing, it provides a well needed platform for further research. Academics, policymakers, lawyers and many others concerned with establishment of a regulatory framework for intangibles in the EU will benefit from the extensive and thoughtful discussion presented in this work.