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Unified Patent Protection in Europe

Author : Winfried Tilmann
Publisher : Oxford University Press
ISBN 13 : 0191071927
Total Pages : 3041 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Unified Patent Protection in Europe by : Winfried Tilmann

Download or read book Unified Patent Protection in Europe written by Winfried Tilmann and published by Oxford University Press. This book was released on 2018-07-04 with total page 3041 pages. Available in PDF, EPUB and Kindle. Book excerpt: The creation of the Unified Patent Court (UPC) is the most prominent change in the European legal landscape for the last four decades. This book explains how the new system works in practice and how to make the best use of its provisions. It offers readers an in-depth and comprehensive commentary on the legal mechanisms of the upcoming ratified European Patent Law, and advice on potential problems that users of the forthcoming regulations may face. The book first describes the creation of the Unified European Patent Law and how its four new legislative texts interact. The new legislative texts are then explained and commented on in detail, rule by rule, with diverse approaches and perspectives from a practitioner team comprising patent litigators, European patent attorneys, law professors and patent judges. The Commentary takes into account the practical needs of users of the new system on both the prosecution and enforcement sides, addressing substantive and procedural problems. This book is the most authoritative text on the Unitary Patent and Unified Patents Court, and an invaluable tool for practitioners in this rapidly developing area of law.

Patent Enforcement Worldwide

Author : Christopher Heath
Publisher : Bloomsbury Publishing
ISBN 13 : 1782259759
Total Pages : 709 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Patent Enforcement Worldwide by : Christopher Heath

Download or read book Patent Enforcement Worldwide written by Christopher Heath and published by Bloomsbury Publishing. This book was released on 2015-11-19 with total page 709 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book features 15 country reports on the patent enforcement practice of the world's most litigated countries in Europe, Asia and the Americas. Litigation strategies for both right owners and alleged infringers are explained against the background of case law on: types of action, standing to sue, jurisdiction, obtaining evidence, provisional and final measures, trial practice, types of infringement, remedies and counterclaims, costs and issues of retrial, threats and wrongful enforcement. Special chapters cover the Trade-Related Aspects of Intellectual Property Agreement provisions on enforcement, enforcement issues in the European Community, international cross-border litigation and border measures. The reports are written by patent practitioners or academic experts in the field, and the homogenous structure of the country reports allows for an easy identification of best practices and strategic considerations on the choice of jurisdiction.

The Consumer Benchmarks in the Unfair Commercial Practices Directive

Author : Bram B. Duivenvoorde
Publisher : Springer
ISBN 13 : 331913924X
Total Pages : 255 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis The Consumer Benchmarks in the Unfair Commercial Practices Directive by : Bram B. Duivenvoorde

Download or read book The Consumer Benchmarks in the Unfair Commercial Practices Directive written by Bram B. Duivenvoorde and published by Springer. This book was released on 2015-05-11 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the regime of consumer benchmarks in the Unfair Commercial Practices Directive and explores to what extent this regime meets each of the goals of the Directive. In particular, it assesses whether the consumer benchmarks are suitable in terms of achieving the three goals of the Directive: achieving a high level of consumer protection, increasing the smooth functioning of the internal market, and improving competition in the market as such. In addition to providing a thorough analysis of the consumer benchmarks and their relationship to the goals of the Directive, at a more practical level, the book provides insight into the working and consequences of the benchmarks that can be used in the evaluation of the Unfair Commercial Practices Directive and its application by the CJEU. This assessment is important because the Directive, while promising to regulate unfair commercial practices in a way that achieves the Directive’s goals, has removed the possibility for Member States to regulate unfair commercial practices themselves.

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.

Pharmaceutical Patents in Europe

Author : Bengt Domeij
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041113481
Total Pages : 376 pages
Book Rating : 4.1/5 (134 download)

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Book Synopsis Pharmaceutical Patents in Europe by : Bengt Domeij

Download or read book Pharmaceutical Patents in Europe written by Bengt Domeij and published by Martinus Nijhoff Publishers. This book was released on 2000-03-15 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The pharmaceutical industry and patent legislation are inextricably linked. Pharmaceutical companies could not exist without some guarantee that they can recoup the cost of developing a new product. European patent law offers this opportunity, as it allows companies to exclude competition for a specific product for a fixed time scale. In "Pharmaceutical Patents in Europe" the current legal patent situation is examined by a detailed analysis of case law from the European Patent Office (EPO), the international body created with the signing of the European Patent Convention (EPC). Aspects of European patent law not primarily regulated in the EPC, for example Supplementary Protection Certificates and infringement matters, are examined in the setting provided by EC law and domestic laws of European states. This book is written for the reader who understands the main characteristics of patent law and is looking for a practitioner's text on the European pharmaceutical patent law scene. Moreover, the author's remarks can help all readers to look at the field with fresh eyes.

International Advertising Law

Author : Peter Schotthöfer
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041159606
Total Pages : 1137 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Advertising Law by : Peter Schotthöfer

Download or read book International Advertising Law written by Peter Schotthöfer and published by Kluwer Law International B.V.. This book was released on 2017-04-01 with total page 1137 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most cross-border advertising occurs uncontroversially. However, because international advertising activity falls under so many diverse areas of law, some familiarity with the dense web of legislation, regulation, and case law that may effect its use is essential for all advertisers. This well-known book, now in a fully updated third edition, provides all the necessary information in an easy-to-use country-by-country format. Twenty-six country reports, each by a local expert, provide detailed information on the particular legal environment in each country vis-à-visadvertising, including specific effects of all relevant treaties and trade agreements. Among the issues and topics taken into account are the following: · effect of import restrictions on advertising; · use of price comparisons in advertising; · ‘cold calling’; · consumers’ right to dispute resolution; · ‘blacklisted’ practices; · use of a language other than that of the target country; · special rules for agricultural products; · principles of non-discrimination and equal treatment of nationals; · precautionary principle versus risk principle; · protection of trademarks; · false or deceptive indication of source; · product ‘placement’ in non-advertising communications; · respectful interaction with religious, cultural, and social values; and · when a statement may be deemed ‘misleading’. Because the freedom to market a product simultaneously in several countries is a significant economic benefit, the invaluable information and guidance in this book on what is legally possible in a broad range of countries will be enormously beneficial to firms in all fields that engage in the sale and marketing of products or services. Corporate counsel and marketing directors will warmly welcome this new edition of a proven handbook. "

Trademark and Unfair Competition Conflicts

Author : Tim W. Dornis
Publisher : Cambridge University Press
ISBN 13 : 1316875962
Total Pages : pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Trademark and Unfair Competition Conflicts by : Tim W. Dornis

Download or read book Trademark and Unfair Competition Conflicts written by Tim W. Dornis and published by Cambridge University Press. This book was released on 2017-02-23 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: With the rise of internet marketing and e-commerce around the world, international and cross-border conflicts in trademark and unfair competition law have become increasingly important. In this groundbreaking work, Tim Dornis - who, in addition to his scholarly pursuits, has worked as an attorney, a public prosecutor, and a judge, giving him experience in both civil and common-law jurisdictions - presents the historical-comparative, doctrinal, and economic aspects of trademark and unfair competition conflicts law. The book should be read by any scholar or practitioner interested in the international aspects of intellectual property generally, and trademark and unfair competition law specifically. This title is available as Open Access.

Legal Responses to Unjustified Threats of Patent Infringement

Author : Minyu Zheng
Publisher : Edward Elgar Publishing
ISBN 13 : 1035338378
Total Pages : 187 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis Legal Responses to Unjustified Threats of Patent Infringement by : Minyu Zheng

Download or read book Legal Responses to Unjustified Threats of Patent Infringement written by Minyu Zheng and published by Edward Elgar Publishing. This book was released on 2024-10-03 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this incisive book, Minyu Zheng examines the various legal responses to unjustified threats of patent infringement. Employing a comparative, jurisdiction-based analysis, Zheng investigates whether the unjustified nature of such threats originates from the inaccuracy of the infringing accusation, or the inappropriateness of issuing threats. In particular, Zheng reveals how to resolve threats which are issued in an undue way but contain a correct allegation of patent infringement.

Patent Litigation Through the Unified Patent Court and German Courts

Author : Alexander Harguth
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041191305
Total Pages : 640 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Patent Litigation Through the Unified Patent Court and German Courts by : Alexander Harguth

Download or read book Patent Litigation Through the Unified Patent Court and German Courts written by Alexander Harguth and published by Kluwer Law International B.V.. This book was released on 2023-05-23 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe has enacted a new patent system, now offering unitary patents and a Unified Patent Court (UPC) for pan-European enforcement. Country-by-country enforcement is no longer required. Unitary patents add to the strategic options available for innovators to protect their technology, coexisting with the other traditional forms of protection through ordinary European patents, national patents, and utility models. The complex interplay between these enforcement channels creates major strategic challenges for enterprises doing business in Europe. This book is the first to provide an all-embracing view of the new legal situation, thoroughly demonstrating the potential for exploiting unitary patents in tandem with traditional patent rights. It also provides an overall constructive approach to patent procurement and litigation. The authors—prominent patent litigators, two from Germany and one from the United States—present a detailed analysis of these strategic considerations, including: opt-out mechanisms for “ordinary” European patents; patentability standards; inventorship and ownership; claim construction; invalidation proceedings; revocation actions at the UPC; pre-suit considerations; enforcement options and strategies through the UPC and German courts; discovery and evidence taking; and customs actions. Because patent enforcement is a global pursuit and inherently crosses borders, the analysis is presented with an eye toward other European and non-European systems, particularly the common law system of the United States. The goal of this book is to assist patent practitioners worldwide in resolving disputes through a sharpened understanding of options in Europe. Corporate decision-makers and in-house counsel dealing with patents and patent litigation—as well as academics in patent law—will greatly benefit from the authors’ practical guidance in navigating the respective judicial tracks described to promote an optimal strategic approach for the global patent arena.

Concise European Copyright Law

Author : Thomas Dreier
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041168435
Total Pages : 717 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Concise European Copyright Law by : Thomas Dreier

Download or read book Concise European Copyright Law written by Thomas Dreier and published by Kluwer Law International B.V.. This book was released on 2016-01-27 with total page 717 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concise European Copyright Law aims to offer the reader a rapid understanding of all the provisions of copyright law in force in Europe that have been enacted at the European and international levels. This volume takes the form of an article-by-article commentary on the relevant European directives and international treaties in the field of copyright and neighbouring rights. It is intended to provide the reader with a short and straightforward explanation of the principles of law to be drawn from each provision. Editors and authors are prominent specialists (academics and practitioners) in the field of international and European copyright law. Concise European Copyright Law is part of 'Concise IP', a series of five volumes of commentary on European intellectual property legislation. The five volumes cover: Patents and related matters, Trademarks and designs, Copyrights and neighbouring rights, IT and a general volume including jurisdictional issues.

Patents in Germany and Europe

Author : Alexander Harguth
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041159940
Total Pages : 309 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Patents in Germany and Europe by : Alexander Harguth

Download or read book Patents in Germany and Europe written by Alexander Harguth and published by Kluwer Law International B.V.. This book was released on 2017-06-15 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Germany’s patent system presents unique opportunities for patent holders, as well as risks for companies doing business there. Germany is one of the world’s top jurisdictions for patent enforcement because of the expertise of German courts, their unique procedures, and the speed of these proceedings. Winning a patent suit in Germany is tantamount to winning the European market, and gives the patent owner substantial leverage over opponents to achieve a worldwide settlement. In addition, suits in Germany frequently resolve well ahead of United States counterpart suits, at a fraction of the cost. This handbook, now in its second, fully updated edition, provides international lawyers with a practical understanding of Germany’s patent system, including the many legal changes that have occurred since the book’s original publication in 2011. It also addresses the implications of the upcoming Unified Patent Court. This second edition provides an in-depth, step-by-step procedural analysis of aspects of current patent practice in Germany, including the following: • Germany’s split system that bifurcates infringement from validity cases; • Obtaining discovery; • Claim construction; • Budgeting; • Implications of the upcoming new patent system, in particular the Unified Patent Court; • Germany’s labor law regarding employee inventions; and • Customs actions. The authors — both experienced patent lawyers, one German, one American — present proceedings in Germany in parallel with corresponding patent litigation stages in the United States. The chapters track the structure of patent disputes, starting with the overall structure of the German judicial system, followed by topics such as patentability, patent procurement, oppositions, infringement trials and customs enforcement actions. This book concludes with an extensive selection of forms and legislative material. Understanding the opportunities available in Germany provides companies with a broader toolkit for enforcing their intellectual property rights and defending against challenges brought by others. Practicing patent lawyers will not find a more complete, informed and practical guide than this book explaining the framework for patent procurement, enforcement and defense in Germany. Many will find surprising options without parallel in the United States.

The Law and Practice of Trademark Transactions

Author : Irene Calboli
Publisher : Edward Elgar Publishing
ISBN 13 : 1783472138
Total Pages : 681 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis The Law and Practice of Trademark Transactions by : Irene Calboli

Download or read book The Law and Practice of Trademark Transactions written by Irene Calboli and published by Edward Elgar Publishing. This book was released on 2016-02-26 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms. Key features include: • A comprehensive overview of legal and policy-related issues • A blend of approaches underpinning strategic considerations with analytical rigour • Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions • Authorship from renowned trademark experts Practitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field.

European Intellectual Property Law

Author : Justine Pila
Publisher :
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 . This book was released on 2019 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 intellectual property law - including the law of copyright and related rights, patents and plant variety rights, trademarks, design rights, and rights in data and information.

Comparative Law Yearbook of International Business Cumulative Index

Author : Dennis Campbell, 1939-
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041125701
Total Pages : 810 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Comparative Law Yearbook of International Business Cumulative Index by : Dennis Campbell, 1939-

Download or read book Comparative Law Yearbook of International Business Cumulative Index written by Dennis Campbell, 1939- and published by Kluwer Law International B.V.. This book was released on 2006-11-27 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is an index of all articles published in the yearbook from its first year, 1977, to 2004.

Patents and Technological Progress in a Globalized World

Author : Wolrad Prinz zu Waldeck und Pyrmont
Publisher : Springer Science & Business Media
ISBN 13 : 3540887431
Total Pages : 898 pages
Book Rating : 4.5/5 (48 download)

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Book Synopsis Patents and Technological Progress in a Globalized World by : Wolrad Prinz zu Waldeck und Pyrmont

Download or read book Patents and Technological Progress in a Globalized World written by Wolrad Prinz zu Waldeck und Pyrmont and published by Springer Science & Business Media. This book was released on 2008-11-20 with total page 898 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last two decades, accelerating technological progress, increasing economic globalization and the proliferation of international agreements have created new challenges for intellectual property law. In this collection of articles in honor of Professor Joseph Straus, more than 60 scholars and practitioners from the Americas, Asia and Europe provide legal, economic and policy perspectives on these challenges, with a particular focus on the challenges facing the modern patent system. Among the many topics addressed are the rapid development of specific technical fields such as biotechnology, the relationship of exclusive rights and competition, and the application of territorially limited IP laws in cross-border scenarios.

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.

Comparative Law Yearbook

Author : Campbell
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041107401
Total Pages : 366 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Comparative Law Yearbook by : Campbell

Download or read book Comparative Law Yearbook written by Campbell and published by Kluwer Law International B.V.. This book was released on 1998-04-07 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook reviews significant legal developments in international commerce and offers an important forum for legal practitioners to address and compare practical legal issues of direct interest in their areas of specialisation. Each volume features a comprehensive range of articles written for and by leading practitioners and advisors working within the international business sector. Volume 19 contains sections on: banking and finance company law trading practices general commercial issues The company law section addresses subjects such as liquidation, shareholding, and directors' rights and liabilities. Topics covered by the material on general commercial issues include the shipping of goods, timeshare agreements, forfeiture of property, standardized contracts, and intellectual property.