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Author: Shubha Ghosh Publisher: Cambridge University Press ISBN: 110711585X Category : Law Languages : en Pages : 231
Book Description
Provides an in-depth assessment of the exhaustion doctrine and explores how its various implementations have shaped international trade issues.
Author: Shubha Ghosh Publisher: Cambridge University Press ISBN: 110711585X Category : Law Languages : en Pages : 231
Book Description
Provides an in-depth assessment of the exhaustion doctrine and explores how its various implementations have shaped international trade issues.
Author: Péter Mezei Publisher: Cambridge University Press ISBN: 1108910246 Category : Law Languages : en Pages : 271
Book Description
In the Second Edition of Copyright Exhaustion, copyright scholar Péter Mezei offers an expanded examination of copyright exhaustion, including its historical development, theoretical framework, practical applications, and policy considerations. He includes updated case law and statutory developments for the first-sale doctrine in the United States and in the European Union, covering both analogue and digital applications with an eye toward scrutinizing the common rejection of exhaustion in the resale of digital subject matter including computer programs, sound recordings, audiovisual works, and e-books. He advocates for a digital first-sale doctrine that would offer legal consistency to copyright law and a technologically feasible framework for content producers and consumers.
Author: Irene Calboli Publisher: Edward Elgar Publishing ISBN: 1783478713 Category : Law Languages : en Pages : 584
Book Description
From the Americas to the European Union, Asia-Pacific and Africa, countries around the world are facing increased pressure to clarify the application of intellectual property exhaustion. This wide-ranging Research Handbook explores the questions that pose themselves as a result. Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the “Internet of things” redefined the concept of exhaustion in cyberspace? The Handbook offers insights to the challenges surrounding these questions and highlights how one answer does not fit all.
Author: Shubha Ghosh Publisher: Cambridge University Press ISBN: 1108577466 Category : Law Languages : en Pages : 231
Book Description
Even as globalization seems to be in retreat in political circles, the march of commercialization and markets continues. Government policies, whether tariffs, exits, or walls, cannot impede the competitive drive to meet consumer demand for products and services, whether within national boundaries or across them. In the sphere of intellectual property rights, the doctrine of exhaustion serves to limit the rights of intellectual property owners after a specific exercise of some or all of the rights. This volume provides an assessment of the successes and failures of the exhaustion doctrine as it has been applied through recent judicial decisions in the United States and the European Union. Irene Calboli and Shubha Ghosh explore how evolving interpretations of the exhaustion doctrine affects the large trade in gray market products and other international trade issues. A comparative approach to exhaustion, Exhausting Intellectual Property Rights offers a unique discussion of the often overlooked issue of overlapping rights.
Author: Niklas Bruun Publisher: Cambridge University Press ISBN: 1108484603 Category : Law Languages : en Pages : 531
Book Description
This volume is for students and scholars of intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law.
Author: Ansgar Ohly Publisher: ISBN: 9783161518263 Category : Europa Languages : en Pages : 0
Book Description
Intellectual property law has been harmonized by EU law to a considerable extent. At the same time intellectual property rights have converged. The academic discussion has not kept pace with this development. European intellectual property law is often seen through the spectacles of national law; pan-European discussions about issues of Community law seem to be the exception rather than the rule. The contributors to this volume investigate if and to what extent European rules and principles applicable to all intellectual property rights already exist or whether they can be found on the basis of the acquis communautaire and comparative law. In particular, they discuss the merits and the methodology of common principles before turning to several areas of substantive intellectual property law such as grounds of protection, secondary liability and exceptions, to enforcement and finally to the relationship between intellectual property and neighbouring areas of EU law.
Author: Christopher Heath Publisher: Kluwer Law International B.V. ISBN: 9041131361 Category : Law Languages : en Pages : 250
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: Stavroula Karapapa Publisher: Oxford University Press, USA ISBN: 0198747691 Category : Law Languages : en Pages : 689
Book Description
A uniquely practical approach to intellectual property law: unfold the problem, reveal the law, apply to life. Using this new and innovative textbook, students are given a problem scenario to unfold; as they do this they will learn to understand the key questions and issues surrounding each area of intellectual property law. As each problem is explored, clear explanations reveal the central legal concepts underpinning the relevant topic. Further illustrations and references to the problem apply the law, enabling students to see for themselves how the law interacts with everyday life and business and giving them a deep and practical understanding. Online Resources A range of additional online resources are provided online, including guidance on how to approach the questions contained in the book, regular updates on legal developments, links to useful websites, and examples of relevant documents.
Author: Keith E. Maskus Publisher: World Bank Publications ISBN: 9780821383483 Category : Law Languages : en Pages : 360
Book Description
International policies toward protecting intellectual property rights have seen profound changes over the past two decades. Rules on how to protect patents, copyright, trademarks and other forms of intellectual property have become a standard component of international trade agreements. Most significantly, during the Uruguay Round of multilateral trade negotiations (1986-94), members of what is today the World Trade Organization (WTO) concluded the Agreement on Trade Related Intellectual Property Rights (TRIPS), which sets out minimum standards of protection that most of the world's economies have to respect. How will developing countries fare in this new international environment? Intellectual Property and Development brings together empirical research that assesses the effects of changing intellectual property regimes on various measures of economic and social performance - ranging from international trade, foreign investment and competition, to innovation and access to new technologies. The studies presented point to an important development dimension to the protection of intellectual property. But a one-size fits all approach to intellectual property is unlikely to work. There is need to adjust intellectual property norms to domestic needs, taking into account developing countries' capacity to innovate, technological needs, and institutional capabilities. In addition, governments need to consider a range of complementary policies to maximize the benefits and reduce the costs of reformed intellectual property regulations. This book will be of interest to students and scholars of international law, particularly in the area of intellectual property rights, international trade, and public policy.
Author: Shubha Ghosh
Author: Shubha Ghosh
Author: Péter Mezei
Author: Irene Calboli
Author: Shubha Ghosh
Author: Niklas Bruun
Author: Ansgar Ohly
Author: 
Author: Christopher Heath
Author: Stavroula Karapapa
Author: Keith E. Maskus