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Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 236
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Book Description
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 236
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Book Description
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.
Author: United States. Congress. Senate. Judiciary
Publisher:
ISBN:
Category :
Languages : en
Pages : 82
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Book Description
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: 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: United States. Congress. House. Committee on Patents
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 158
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Book Description
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 1244
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Book Description
Author: Levin
Publisher: Kluwer Law International B.V.
ISBN: 9041101128
Category : Law
Languages : en
Pages : 448
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Book Description
Design occupies an important place in the cultural world of today. Against this, there have been manifold techno-legal approaches on the part of the major European legislatures to the issue of the protection of works of design. The Community proposals for a Directive and Regulation in this area are a response to the need, widely felt in various sectors of the design world, for a homogeneous and systematic protection of design works. These initiatives should however be considered in the light of the many interests at stake and the various solutions put forward in the wake of the Community's past experience in the fields of patents and trademarks.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 382
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Book Description
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Intellectual Property, Competition, and the Internet
Publisher:
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 152
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Book Description
