Restrictions on the Right to Repair under IP Law. Impacts on Achievement of Sustainability Goals PDF Download
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Author: Martin Gigoni
Publisher: GRIN Verlag
ISBN: 3963561890
Category : Law
Languages : en
Pages : 24
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Book Description
Research Paper (postgraduate) from the year 2023 in the subject Law - European and International Law, Intellectual Properties, grade: 72, University of Kent, course: Contemporary Topics in IP Law, language: English, abstract: This Paper argues that the EU needs to adopt a harmonised policy framework promoting the right to repair and limiting manufacturers’ use of IPRs on software to restrict repair rights which ultimately impacts the achievement of sustainability goals. Part B begins with the origins of the right to repair movement and its significance. Part C discusses restrictions on repair rights, including the role of IPRs. Part D discusses how the EU legal framework recognises repair rights and contrasts this with the Australian approach. Part E discusses the suggestions of scholars on reforms to the EU legal framework to better tackle restrictions on repair rights. Modern electronics constitute not only the hardware in the device itself but also the embedded software that is critical to the device’s functionality. This software is usually pre-installed on the device by the manufacturer to run all its basic operations. This integration of software systems to devices, sometimes called the "softening of hardware", requires the intervention of intellectual property rights (IPRs) to delineate the blurry lines separating the device and its functional components in software. Consequently, manufacturers use IPRs on the embedded software to limit the consumer’s control over a device and effectively lock them out from doing basic repairs to restore functionality. These limitations discourage many consumers from pursuing repairs in favour of purchasing new devices and discarding the faulty ones. The result is a linear model of consumption and a throw away culture contributing to large amounts of electronics waste (e-waste) disposed worldwide. In 2019, consumer electronics comprised 54 million Metric Tons of e-waste, with Europe contributing 12 million Metric Tons. Worse still, the effects of e-waste pileups have for decades flowed downstream from developed to developing countries. In response, the European Union (EU) has focused on achieving a circular economy to reduce e-waste by extending the lifespan and usability of products through, inter alia, recognising the right to repair movement.
Author: Martin Gigoni
Publisher: GRIN Verlag
ISBN: 3963561890
Category : Law
Languages : en
Pages : 24
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Book Description
Research Paper (postgraduate) from the year 2023 in the subject Law - European and International Law, Intellectual Properties, grade: 72, University of Kent, course: Contemporary Topics in IP Law, language: English, abstract: This Paper argues that the EU needs to adopt a harmonised policy framework promoting the right to repair and limiting manufacturers’ use of IPRs on software to restrict repair rights which ultimately impacts the achievement of sustainability goals. Part B begins with the origins of the right to repair movement and its significance. Part C discusses restrictions on repair rights, including the role of IPRs. Part D discusses how the EU legal framework recognises repair rights and contrasts this with the Australian approach. Part E discusses the suggestions of scholars on reforms to the EU legal framework to better tackle restrictions on repair rights. Modern electronics constitute not only the hardware in the device itself but also the embedded software that is critical to the device’s functionality. This software is usually pre-installed on the device by the manufacturer to run all its basic operations. This integration of software systems to devices, sometimes called the "softening of hardware", requires the intervention of intellectual property rights (IPRs) to delineate the blurry lines separating the device and its functional components in software. Consequently, manufacturers use IPRs on the embedded software to limit the consumer’s control over a device and effectively lock them out from doing basic repairs to restore functionality. These limitations discourage many consumers from pursuing repairs in favour of purchasing new devices and discarding the faulty ones. The result is a linear model of consumption and a throw away culture contributing to large amounts of electronics waste (e-waste) disposed worldwide. In 2019, consumer electronics comprised 54 million Metric Tons of e-waste, with Europe contributing 12 million Metric Tons. Worse still, the effects of e-waste pileups have for decades flowed downstream from developed to developing countries. In response, the European Union (EU) has focused on achieving a circular economy to reduce e-waste by extending the lifespan and usability of products through, inter alia, recognising the right to repair movement.
Author: Dana Beldiman
Publisher: Edward Elgar Publishing
ISBN: 1800886527
Category : Law
Languages : en
Pages : 767
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Book Description
This book provides a comprehensive assessment of the current legal landscape of global design law. It includes practice-based and analytical accounts of national design laws from several representative jurisdictions and delves into the practical and theoretical dimensions of some of the most urgent procedural issues facing this legal field.
Author: Christopher Heath
Publisher: Kluwer Law International B.V.
ISBN: 9041131361
Category : Law
Languages : en
Pages : 250
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Book Description
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.
Author: Justine Pila
Publisher: Edward Elgar Publishing
ISBN: 1788976401
Category : Law
Languages : en
Pages : 773
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Book Description
Carefully authored by Justine Pila, this significantly revised and expanded third edition of Catherine Seville’s classic text, presents a thorough and detailed treatise on EU intellectual property (IP) law, taking into account the many developments in legislation and case law since the second edition.
Author: Jeremy Phillips
Publisher: Edward Elgar Publishing
ISBN: 1847200125
Category : Law
Languages : en
Pages : 309
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Book Description
. . . the book differs from the norm in addressing issues not conventionally found in the more standard trade mark works and in dealing with the subject not in the traditional textbook manner but in a series of contributions from a panel of distinguished international experts. . . While there will always be a need for the detailed and comprehensive academic and practitioner tomes, books such as this give the reader access to the cutting-edge minds of a number of leading experts in their fields. Books of this nature encourage the reader to question and challenge the current status of the law the only way law can evolve. In both its structure and its content this book is highly commended. Colin R. Davies, European Intellectual Property Review Trade Marks at the Limit is a collection of current, informed and original essays on different aspects of a topic that unites trade mark owners, practitioners and potential infringers alike the fine borderline that separates permitted use of another business s trade mark from a use that constitutes trade mark infringement. This important and groundbreaking book first examines the international legal framework for regulating unauthorised use of the trade marks of others. Then writers from both sides of the Atlantic and from Australia look at the practical problems and conceptual issues that the courts face in striking a balance between the needs of trade mark owners, their competitors, businesses that provide downstream services, and also consumers. The authors address industry specific issues involving the financial services sector and consumer goods as well as problems raised by comparative advertising, the need to protect free speech, the problems faced when dealing with non-traditional trade marks and the special case of multilingual jurisdictions. Authored by leading legal practitioners and consultants in related sectors, Trade Marks at the Limit is the first book to bring these issues together under the banner of permitted but unauthorised trade mark use.
Author: R.C. Agarwal
Publisher: SBPD Publishing House
ISBN: 939220888X
Category : Business & Economics
Languages : en
Pages : 264
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Book Description
Table of Content:- 1. Marketing : Meaning (Micro and Macro Meaning), Nature, Scope and Importance 2. Marketing Concept 3. The Concept of Marketing Mix 4. Marketing Environment 5. Consumer Behaviour 6. Market Segmentation and Positioning 7. Product 8. Product Identification–Brand, Trademark, Packaging and Labelling 9. Product Life-Cycle 10. New Product Development 11. Pricing Decisions 12. Promotion Decisions 13. Personal Selling 14. Advertisement Management 15. Sales Promotion 16. Channels of Distribution 17. Wholesaler or Wholesale Distribution Management 18. Retail Distribution Management 19. Physical Distribution Management 20. Recent Development in Marketing. More Information:- The authors of this book are R.C. Agarwal & Dr. N. S. Kothari.
Author: The late Catherine Seville
Publisher: Edward Elgar Publishing
ISBN: 1781003483
Category : Law
Languages : en
Pages : 588
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Book Description
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.
Author: Tanya Aplin
Publisher: Oxford University Press
ISBN: 0198842872
Category : Copyright
Languages : en
Pages : 1008
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Book Description
This work provides a full and clear exposition of the fundamentals of intellectual property law in the UK. It combines excerpts from cases and a broad range of secondary works with insightful commentary from the authors which will situate the law within a wider international, comparative and political context.
Author: Aaron Perzanowski
Publisher: Cambridge University Press
ISBN: 1108837654
Category : Law
Languages : en
Pages : 367
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Book Description
The Right to Repair reveals how companies stop us from fixing our devices and explains how we can fight back.
Author: Gordian Hasselblatt
Publisher: Beck/Hart
ISBN: 9781509928491
Category : Law
Languages : en
Pages : 1632
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Book Description
Since the release of the first edition of this commentary, quite a few important changes have taken place in the realm of EU trade mark law. Most of the reforms proposed in 2013 have now matured into law. By way of Regulation 2015/2424 of 16 December 2015, the CTMR was comprehensively amended and the regulation on the fees payable to the Office repealed. All in all, the reform of the former framework brought about more than 145 amendments. These changes have been codified by Regulation 2017/1001 of 14 June 2017. Needless to say, all changes of a material, procedural or mere terminological nature are commented in detail in the respective context of this profoundly revised second edition.
