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Author: Annette Kur
Publisher: Edward Elgar Publishing
ISBN: 1785364146
Category : Art
Languages : en
Pages : 294
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Book Description
The EU’s ‘Design Approach’ represented a unique attempt to protect industrial design and designers in and on their own terms. It has now been in place for more than a decade and this book, including contributions from leading international scholars, takes stock and attempts to find out what became of the Design Approach: Is it still observed; what has it achieved; how does it interact with other areas of the law; what became of the spare parts problem and how did the world respond to it?
Author: Annette Kur
Publisher: Edward Elgar Publishing
ISBN: 1785364146
Category : Art
Languages : en
Pages : 294
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Book Description
The EU’s ‘Design Approach’ represented a unique attempt to protect industrial design and designers in and on their own terms. It has now been in place for more than a decade and this book, including contributions from leading international scholars, takes stock and attempts to find out what became of the Design Approach: Is it still observed; what has it achieved; how does it interact with other areas of the law; what became of the spare parts problem and how did the world respond to it?
Author: Henning Hartwig
Publisher: Edward Elgar Publishing
ISBN: 1781955883
Category : Law
Languages : en
Pages : 585
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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: 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 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: Erik Jones
Publisher: OUP Oxford
ISBN: 0191628344
Category : Political Science
Languages : en
Pages : 924
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Book Description
This is an authoritative, one-volume, and independent treatment of the history, functioning and nature of the European integration. Written by a selection of leading scholars. It covers the major institutions, policies, and events in the history of integration, whilst also providing a guide to the major theoretical approaches that have been used to study it over time. By bringing together such a distinguished cast covering such a wide array of themes, the Handbook is intended as a one stop shop for all those interested in the European Union and its predecessors. Written in an accessible style, the volume is intended to shape the discipline of EU studies, and to establish itself as the essential point of reference for all those interested in European integration, both in universities and more broadly. It represents a timely guide to an institution that is much discussed but often only imperfectly understood.
Author: Ralph Tench
Publisher: Emerald Group Publishing
ISBN: 1787561496
Category : Business & Economics
Languages : en
Pages : 383
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Book Description
This edited volume aims at exploring the uniqueness and complexity of European CSR approaches, perspectives, and practices through a critical lens.
Author: Lavinia Brancusi
Publisher: Taylor & Francis
ISBN: 1000902927
Category : Law
Languages : en
Pages : 290
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Book Description
This book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitors’ ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding.
Author: Niklas Bruun
Publisher: Cambridge University Press
ISBN: 1108670911
Category : Law
Languages : en
Pages : 531
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Book Description
The nature and content of intellectual property (IP) law, which is heavily contingent on the state of technology and on social and market developments, has always been subject to ongoing transitions. How those transitions are effected and the shape they take is crucial to the ability of IP to achieve its stated goals and provide the necessary climate for investment in creativity, innovation and brand differentiation. Yet the need for change can run headlong into a desire for coherence. A search for coherence tests the limits of the concept of “intellectual property,” is imperiled by overlaps between different IP regimes, and calls for a unifying normative theme. This volume assembles contributors from across IP and the globe to explore these questions, including whether coherence is desirable. It should be read by anyone interested in understanding the conceptual underpinnings of one of the most important and dynamic areas of the law.
Author: Abbe Brown
Publisher: Oxford University Press
ISBN: 0192855913
Category :
Languages : en
Pages : 946
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Book Description
An abundance of practical examples gives students a unique perspective on the subject in its social context. This book examines the complex policies that inform and guide modern intellectual property law at the domestic (including Scottish), European, and international levels, giving the reader a true insight into the discipline and possible future developments. Selling Points: - An accessible andengagingly written introduction to intellectual property law - Goes beyond an account of the law to look at policy directing legal decision making, as well as controversies and areas forfurther debate in order to give students an in-depth understanding of the subject - Introduces the relevant European and international dimensions to IP law to ensure that students gain an understanding of IP law - Practical examples, exercises, and diagrams clearly illustrate the core principles and help to bring the subject to life New to this Edition: - Includes engagement throughout the book with the implications of Brexiton IP law (including regarding the Unitary Patent, registered and unregistered Community designs, and the relationship with the EU in the context of free movement of goods and competition law) andrelevant agreements, legislation, case law and retained EU law - Coverage of important recent ECJ and UK case law on copyright subsistence, the category of artistic craftsmanship, joint authorship, infringement by copying, the public communication right, the IP Enforcement Directive, and the unregistered Community design - Discussion of new developments including the EU Trade Secrets Directive; the actions for breach of confidence and misuse ofprivate information; patents of the tests (and their limits) for inventive step; the new approaches of the EPO regarding biological products and processes; and the latest updates on remedies Digital formats and resources The sixth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources that support the bookinclude: -Guidance on answering the discussion points from the book -Online chapters on the following topics: -History of unregistered design protection in the UK -History ofregistered design law in the UK to 1988 -Intellectual property and international private law -Web links and further reading
Author: Miguel Saraiva
Publisher: Springer Nature
ISBN: 3031151089
Category : Social Science
Languages : en
Pages : 357
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Book Description
This book provides an original cross-thematic and wide scope review of crime prevention processes in urban areas that are explicitly based on the cooperation between different scientific and professional fields. Focusing primarily on environmental and community-based crime prevention, this book compiles a peer-reviewed collection of papers and prospective essays that explore how, and to what extent, multi-disciplinarity can be used as a cornerstone for achieving safer cities. Relying on the input from specialists, researchers, decision-makers, and practitioners from around the world, it covers the various stages from theory to implementation, by discussing theoretical stances, interpreting policy and planning guidelines, uncovering unique educational experiences, and narrating insights and lessons learned from innovative research and practice. Hence, it provides vivid discussions and invaluable insights into processes of partnership building, planning, and management, oriented towards establishing successful mechanism for preventing crime and reducing feelings of insecurity in urban areas.
