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Author: Dana Beldiman
Publisher: Springer
ISBN: 3319540602
Category : Law
Languages : en
Pages : 141
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Book Description
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.
Author: Dana Beldiman
Publisher: Springer
ISBN: 3319540602
Category : Law
Languages : en
Pages : 141
Get Book Here
Book Description
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.
Author: Christopher V. Carani
Publisher: Kluwer Law International B.V.
ISBN: 9041189238
Category : Law
Languages : en
Pages : 891
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Book Description
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.
Author: Henning Hartwig
Publisher: Edward Elgar Publishing
ISBN: 1781955883
Category : Law
Languages : en
Pages : 584
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Book Description
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.
Author: Mary Lynn Garcia
Publisher: Elsevier
ISBN: 0080554288
Category : Social Science
Languages : en
Pages : 370
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Book Description
Design and Evaluation of Physical Security Systems, Second Edition, includes updated references to security expectations and changes since 9/11. The threat chapter includes references to new threat capabilities in Weapons of Mass Destruction, and a new figure on hate crime groups in the US. All the technology chapters have been reviewed and updated to include technology in use since 2001, when the first edition was published. Garcia has also added a new chapter that shows how the methodology described in the book is applied in transportation systems. College faculty who have adopted this text have suggested improvements and these have been incorporated as well. This second edition also includes some references to the author's recent book on Vulnerability Assessment, to link the two volumes at a high level. - New chapter on transportation systems - Extensively updated chapter on threat definition - Major changes to response chapter
Author: Arpad Bogsch
Publisher:
ISBN:
Category : Intellectual property
Languages : en
Pages : 140
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Book Description
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.
Author: Aurelia Tamò-Larrieux
Publisher: Springer
ISBN: 3319986244
Category : Law
Languages : en
Pages : 287
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Book Description
This book discusses the implementation of privacy by design in Europe, a principle that has been codified within the European Data Protection Regulation (GDPR). While privacy by design inspires hope for future privacy-sensitive designs, it also introduces the need for a common understanding of the legal and technical concepts of privacy and data protection. By pursuing an interdisciplinary approach and comparing the problem definitions and objectives of both disciplines, this book bridges the gap between the legal and technical fields in order to enhance the regulatory and academic discourse. The research presented reveals the scope of legal principles and technical tools for privacy protection, and shows that the concept of privacy by design goes beyond the principle of the GDPR. The book presents an analysis of how current regulations delegate the implementation of technical privacy and data protection measures to developers and describes how policy design must evolve in order to implement privacy by design and default principles.
Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280525883
Category : Law
Languages : en
Pages : 28
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Book Description
This booklet provides an introduction for newcomers to the subject of industrial property. It explains the principles underpinning industrial property rights, and describes the most common forms of industrial property, including patents and utility models for inventions, industrial designs, trademarks and geographical indications.
Author: Amy B. Zegart
Publisher: Stanford University Press
ISBN: 080474131X
Category : Political Science
Languages : en
Pages : 336
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Book Description
Challenging the belief that national security agencies work well, this book asks what forces shaped the initial design of the Central Intelligence Agency, the Joint Chiefs of Staff, and the National Security Council in ways that meant they were handicapped from birth.
Author: Guy S. Goodwin-Gill
Publisher: Oxford University Press
ISBN: 0199281300
Category : Art
Languages : en
Pages : 847
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Book Description
Millions of people are forced to flee their homes as a result of various forms of persecution. The instruments to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book examines challenges to the Convention.
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Trademarks, and Copyrights
Publisher:
ISBN:
Category : Design protection
Languages : en
Pages : 106
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Book Description
Considers S. 2075 and S. 2852, to protect authors of original designs against unauthorized copying.
