spares repairs and intellectual property rights kluwer law international

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Spares Repairs And Intellectual Property Rights

Author : Christopher Heath
ISBN : 9789041131362
Genre : Law
File Size : 52. 63 MB
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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 and‘repairand’ and and‘recycleand’ 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 and‘identityand’; the concept of and‘indirectand’ or and‘contributoryand’ 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.

An International Perspective On Design Protection Of Visible Spare Parts

Author : Dana Beldiman
ISBN : 9783319540603
Genre : Law
File Size : 37. 74 MB
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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.

The Protection Of Intellectual Property Rights In Outer Space Activities

Author : Tosaporn Leepuengtham
ISBN : 9781785369629
Genre :
File Size : 37. 24 MB
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This book considers the intellectual property issues which are raised by space activities. While outer space itself remains out of reach for most of us, the results of space activities and developments from space technology are becoming ever-more integrated in our daily lives. Despite this, there is often little understanding of the importance of space technologies, how existing legal rules may apply in terms of protecting the technology, or whether legal protection, such as copyright, may be enforced if the unauthorised use takes place beyond conventional territorial borders in outer space.

Eu Copyright Law

Author : Irini Stamatoudi
ISBN : 9781781952436
Genre : Law
File Size : 45. 62 MB
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EU Copyright Law is a seminal commentary work from a team of leading experts in the field combining aspects of theory and practice and placing copyright in perspective. It will be an indispensable reference tool for academics, researchers, practitioner

International Intellectual Property In An Integrated World Economy

Author : Frederick M. Abbott
ISBN : 9781454895831
Genre : Law
File Size : 63. 8 MB
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International Intellectual Property in an Integrated World Economy, Fourth Edition by Frederick M. Abbott, Thomas Cottier, and Francis Gurry, provides a comprehensive treatment of the international intellectual property system across the spectrum of intellectual property rights and interests. It introduces the institutional architecture at the multilateral, regional/plurilateral, bilateral and national levels. For each form of IP, it addresses the technical legal rules and illustrative jurisprudence, as well as economic and social welfare implications. Each of the authors has played a role in the development and implementation of the international rules, and they bring their experience to bear in introducing students to the field. New to the Fourth Edition: The latest developments in bilateral and regional agreements regulating intellectual property, including NAFTA 2.0 (USMCA), CPTPP, and CETA Important new judicial decisions, including the U.S. Supreme Court decision adopting international exhaustion of patents and CJEU decisions addressing trademarks, geographical indications, and copyright Developments in IP and human rights; IP and competition law; and IP and health The WTO panel report in the Australia-Tobacco case Professors and students will benefit from: An approach to the international IP system that situates the rules within the broader context of international law and the public policy objectives that governments, industry, and interest groups are seeking to achieve Case law from international dispute settlement bodies, as well as from national and regional courts Discussion of patent, trademark, geographical indication, copyright, design, trade secret, and data protection; as well as plant variety protection, protection of genetic resources and traditional knowledge, and the role of open source An explanation of the new European Union Unitary Patent system Exploration of the increasingly important role of emerging market IP systems Materials to help students understand the disputes between the United States and China involving IP, investment, and transfer of technology Inclusion of important jurisprudential developments

European Competition Law

Author : Lennart Ritter
ISBN : 9789041122001
Genre : Law
File Size : 36. 84 MB
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As the European Union continues to sort itself out, it has been making rapid and significant changes in the rules of competition. This edition includes the latest decisions as of 1 May 2004 and is written for those who must immediately apply them to their businesses. Primary topics include the fundamentals of EC competition law and examinations of

Tax Management Transfer Pricing Report

Author :
ISBN : STANFORD:36105063152123
Genre : International business enterprises
File Size : 20. 87 MB
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Walford S Guide To Reference Material

Author : Albert John Walford
ISBN : 0853655642
Genre : Reference
File Size : 37. 91 MB
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Information Technology And The Law

Author :
ISBN : STANFORD:36105061985755
Genre : Information storage and retrieval systems
File Size : 61. 30 MB
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Subject Guide To Books In Print

Author :
ISBN : STANFORD:36105025888517
Genre : American literature
File Size : 43. 18 MB
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