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International Design Protection
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Book Synopsis International Design Protection by : Clive Thorne
Download or read book International Design Protection written by Clive Thorne and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Design Protection is an international compendium of design law in 30 major jurisdictions. It also deals with the practicalities of design protections and the enforcement of design rights, including qualification for protection, infringement, design infringement litigation, licensing and exploitation.
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 141 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.
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.
Book Synopsis The International Protection of Designs by : Denis Cohen
Download or read book The International Protection of Designs written by Denis Cohen and published by Springer. This book was released on 2000-06-21 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides a basic introduction to the international legal instruments by which international protection of designs may be secured. It analyses both the Hague Agreement concerning industrial designs, and the Berne Convention covering literary and artistic works. The analysis includes the principles underpinning these instruments, the scope of protection offered, the conditions and formalitites required, and the way in which the instruments interface with national intellectual property legislation.
Book Synopsis The Hague System for the International Registration of Industrial Designs by : World Intellectual Property Organization
Download or read book The Hague System for the International Registration of Industrial Designs written by World Intellectual Property Organization and published by WIPO. This book was released on 2022-01-01 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: An overview of the Hague System explaining who can use it, how the registration process works and how it may benefit users.
Book Synopsis Intellectual Property in Industrial Designs by : John R. Thomas
Download or read book Intellectual Property in Industrial Designs written by John R. Thomas and published by DIANE Publishing. This book was released on 2011 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a print on demand edition of a hard to find publication. Under current intellectual property laws, industrial designs (ID) may potentially be protected through design patents, trade dress, and copyright. In addition, the Vessel Hull Design Protection Actestablished a specialized, or sui generis, intellectual property right for the protection of boat hull designs. Some experts argue that the present intellectual property regime does not adequately protect ID. Contents of this report: (1) ID and Intellectual Property: Copyright; Trade Dress; Design Patents; Vessel Hull Design Protection; (2) Current Issues in ID Protection: Intellectual Property Rights in Fashion Designs; U.S. Adherence to the Hague Convention; Auto Spare Parts; Judicial Developments Concerning ID Patents; (3) Issues in Innovation and Competition.
Book Synopsis Intellectual Property and International Trade: The TRIPS Agreement by : Carlos M. Correa
Download or read book Intellectual Property and International Trade: The TRIPS Agreement written by Carlos M. Correa and published by Kluwer Law International B.V.. This book was released on 2016-06-27 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis The Geneva Act (1999) of the Hague Agreement Concerning the International Registration of Industrial Designs by : William T. Fryer
Download or read book The Geneva Act (1999) of the Hague Agreement Concerning the International Registration of Industrial Designs written by William T. Fryer and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Hague Agreement has provided international protection for industrial designs since 1925. The latest of several revisions, agreed upon at Geneva in 1999, is operational as of April 1, 2004, under the administration of the World Intellectual Property Organization (WIPO). The global protection of industrial designs, accommodating all forms of national protection systems, will be based on this treaty. This in-depth analysis by William T. Fryer, III, a well-known Professor of Law and patent attorney who participated [and participant] in the meetings and diplomatic conference that led up to the 1999 Act (as well as in subsequent user meetings), is unlikely to be superseded. It presents a detailed drafting history and expert analysis, as well as incomparable strategic guidance for attorneys, businesses, and governments in the implementation of the Act's provisions. Readers can expect all of the following and more:an overall understanding of how the 1999 Act operates to amend and update the Hague Agreement; expert analysis of the Act's key features; detailed exploration of the Act's drafting history; strategic insights into using the Act's provisions to protect industrial designs; guidance for governments considering adherence to the Act; and a source book for the main treaty documents. The book will be of inestimable value to lawyers worldwide working in intellectual property protection, as well as to industrial designers, businesses, and government officials in trade policy. It is an essential addition to all law libraries.
Book Synopsis Become a Successful Designer – Protect and Manage Your Design Rights Internationally by : Joachim Kobuss
Download or read book Become a Successful Designer – Protect and Manage Your Design Rights Internationally written by Joachim Kobuss and published by Walter de Gruyter. This book was released on 2012-11-05 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: An easy-to-understand guide for designers on the legal topics that deeply affect their everyday professional activities, Become a Successful Designer provides designers with ways to protect and handle their intellectual property rights. Focus groups are all kinds of designers of the product, furniture, interior, fashion, textile, communications, graphics, and computational design areas. The authors Joachim Kobuss, Alexander Bretz and Arian Hassani explain the legal framework and the possibilities to act in that field from a completely new point of view. The law and its effects on the individual designer are described in the context of designers’ everyday practice. Here, the legal aspects of design do not appear in incomprehensible legalese but are rather shown as a strategic instrument for designers which can be fun to handle. All topics are discussed from an international and general viewpoint – due to the increasing globalization in the design fields.
Book Synopsis Brief History of the First 25 Years of the World Intellectual Property Organization by : Arpad Bogsch
Download or read book Brief History of the First 25 Years of the World Intellectual Property Organization written by Arpad Bogsch and published by . This book was released on 1992 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to place the 25 years in a historical context, the essay does, exceptionally, deal also with pre-1967 events and with post-1992 possibilities.
Book Synopsis Design Rights by : Christopher V. Carani
Download or read book Design Rights written by Christopher V. Carani and published by Kluwer Law International B.V.. This book was released on 2017-09-25 with total page 938 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protection of industrial and other designs has developed as a distinct and important area of intellectual property law. This book, while providing a solid foundation on the law regarding the protection and enforcement of design rights, focuses on the ever-present, and always contentious, issue of functionality in the context of design rights. While there is considerable harmonization on the fundamental principle that design rights regard aesthetic appearance and not underlying technical function, courts and legislatures the world over have long struggled with determining whether to permit, and how to interpret the scope of, designs rights directed at products whose appearancemay, partially or completely, be the result of functional consideration. This detailed country-by-country analysis provides clarity, insight, and guidance on the legal issues and practical implications of functionality in key jurisdictions worldwide. This book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. The authors of the country chapters have been carefully selected based on their extensive experience and in-depth knowledge about design protection in their respective jurisdictions. Each chapter considers such issues and topics as the following: • availability of protection – granting authority, statutory requirements, drawing requirements, and disclaimers; • tests or approaches applied to determine whether a design right is ineligiblefor protection based on functionality grounds, including related policy considerations; • strategies employed to mount, and fend off, challenges to design rights based on functionality; • determination of a design right’s scope of protection, including the impact of any visual elements of the overall design having appearances that are non-novel and/or functional; • tests or approaches applied to determine whether a visual element of a design right is excluded from the overall scope of protection based on functionality grounds, including related policy considerations; • examples of how visual elements of a design right whose appearance is driven by function are treated in infringement and validity contexts. Each chapter includes case law examples, hypothetical fact patterns, and graphic images of designs to bring issues to life. An introductory chapter covers the basic tenets of design rights, terminology, and discussion of design rights in relation to other areas of intellectual property. As a comparative law study and a collection of contributions from around the world on an important and controversial field, this book proves to be of tremendous practical interest for the industry involved and for the public. Applicants for design protection, parties involved in or contemplating enforcement proceedings, and interested legal practitioners will benefit greatly from its thorough comparative analysis and guidance. It is also exceptionally valuable as a matchless and thorough resource for academics and researchers interested in the international harmonization of intellectual property law.
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.
Book Synopsis IPC Green Inventory by : World Intellectual Property Organization
Download or read book IPC Green Inventory written by World Intellectual Property Organization and published by WIPO. This book was released on 201? with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: This brochure explains how the IPC Green Inventory can give direct access to the latest patent information about technologies in a number of fields including alternative energy production, energy conservation, transportation, waste management, and agriculture and forestry
Book Synopsis A Guide to Filing a Design Patent Application by :
Download or read book A Guide to Filing a Design Patent Application written by and published by . This book was released on 2009 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Regulating Industrial Internet Through IPR, Data Protection and Competition Law by : Rosa Maria Ballardini
Download or read book Regulating Industrial Internet Through IPR, Data Protection and Competition Law written by Rosa Maria Ballardini and published by Kluwer Law International B.V.. This book was released on 2019-08-28 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Environmental Border Tax Adjustments and International Trade Law by : Alice Pirlot
Download or read book Environmental Border Tax Adjustments and International Trade Law written by Alice Pirlot and published by Edward Elgar Publishing. This book was released on 2017-10-27 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book brings clarity to the debate on the new legal phenomenon of environmental border tax adjustments. It will help form a better understanding of the role and limits these taxes have on environmental policies in combating global environmental challenges, such as climate change.
