Fundamentals Of Intellectual P

Author by : Ramakrishna B.
Languange : en
Publisher by : Notion Press
Format Available : PDF, ePub, Mobi
Total Read : 16
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Description : Be the rightful owner of your creativity before some else commercially owns it. The knowledge of IPR is the key to professional success in the world that competes with commercial creativity.


Fundamentals Of Intellectual Property Rights

Author by : Ramakrishna B
Languange : en
Publisher by : Notion Press
Format Available : PDF, ePub, Mobi
Total Read : 58
Total Download : 560
File Size : 53,6 Mb
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Description : Be the rightful owner of your creativity before some else commercially owns it. The knowledge of IPR is the key to professional success in the world that competes with commercial creativity.


Principles Of Intellectual Property Law

Author by : Catherine Colston
Languange : en
Publisher by : Cavendish Publishing
Format Available : PDF, ePub, Mobi
Total Read : 30
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Description : First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.


Fundamentals Of Intellectual Property For Engineers

Author by : Kompal Bansal
Languange : es
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 28
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Description : One does not have to be a mechanical engineer to drive a car. Similarly, for engineers, there is no requirement of a legal background to study and apply the concepts of intellectual property. What exactly is intellectual property or IP? Intellectual Property (IP) refers to "creations of the mind or 'intellect' having commercial value and which can be bought and sold just like physical property." Legal rights associated with 'intellectual property' are called 'intellectual property rights' (IPRs). Though largely confined to and taught in law schools, the subject of 'intellectual property rights' is equally important for engineers. It teaches them how 'ideas' can be converted to 'wealth', how new career opportunities can be tapped and how 'intellectual capital' can also be used to create their own companies apart from 'physical capital'. IP opens new opportunities in consultancy for engineering professionals. Though the subject of IP may be common to both law schools and engineers, the focus and treatment of the subject for both cannot be same. It has to be different because while litigation and enforcement issues are important for a law student, practical aspects related to protection of ideas, innovations and also usefulness of knowledge of IPRs in professional careers are of importance for engineers. This book has been written specially for engineers. It strives to address their needs relating to important aspects of intellectual property, which can play a critical role not only in their professional development but also in the better application of their 'intellect' in the larger interests of society. This book shows you how to: -Identify whether your innovative ideas have commercial value and which IP mechanism is suitable to protect them -Protect your ideas by filing a patent in India or abroad -Identify powerful new career opportunities in the area of intellectual property for engineers -Know about importance of international treaties and organizations such as TRIPS, Berne Convention, Hague Declaration, PCT, WTO, WIPO, etc. for engineers -Improve the overall quality and impact of your research projects


1500 Intellectual Property Mcq

Author by : Narayan Changder
Languange : en
Publisher by :
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Description : MCQs (Multiple Choice Questions) in INTELLECTUAL PROPERTY is a comprehensive questions answers quiz book for undergraduate students. This quiz book comprises question on INTELLECTUAL PROPERTY practice questions, INTELLECTUAL PROPERTY test questions, fundamentals of INTELLECTUAL PROPERTY practice questions, INTELLECTUAL PROPERTY questions for competitive examinations and practice questions for INTELLECTUAL PROPERTY certification. In addition, the book consists of 1500+ INTELLECTUAL PROPERTY MCQ (multiple choice questions) to understand the concepts better. This book is essential for students preparing for various competitive examinations all over the world.


Principles Of Intellectual Property Law By Kiiza Smith And Magumba Innocent

Author by : KIIZA SMITH
Languange : en
Publisher by : BookRix
Format Available : PDF, ePub, Mobi
Total Read : 73
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Description : [FOUR GREATEST LAW AUTHORS COMBINED ON THIS ONE] Giving, touching other's lives through creativity, expanding the circle of our concern to include others through creativity, being authentic, and being always open to receiving from your own creativity alone as well as permitting others. That's not just a creativity owner's tale – it's a good description of many of the most amazing people/creatives owners and lawyers I've encountered. And while they may live and work in different fields of creatives and countries, they all share the same core giving philosophy full ownership over their contents. This book captures that philosophy and shows that it is more than a fable, a parable, or pipe dream to have full rights over your own creativity. It's a real-a path that creatives can follow in their creative lives. People want to believe that this is the way the world can work: that living with talent isn't just a nice goal but that it can be a way of life earning, and can lead to a life that is full, rich, and fulfilling. But then without understanding intellectual property rights, is too often, we feel pressured by the voices (both external and internal) to make this book. Intellectual property rights are legal monopolies that are intended to reward the owner of the rights for achievement in creating an innovative product. Such monopolies are important in giving the owner of IP rights an opportunity to make a profit from such endeavor and also to get back the resources that have been used in making such a development.


Global Intellectual Property Law

Author by : Graham Dutfield
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 35
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Description : . . . the book is enlightening for practitioners who are often required to take into account global considerations when advising clients. . . It would be of particular interest to policy-makers in the intellectual property field. Australian Intellectual Property Law Bulletin Dutfield and Suthersanen have skillfully captured in one concise volume all the important things you need to know about international intellectual property law. The materials are accessible, timely, methodically presented and at times critical. The book s detailed, in-depth and comparative analyses provide helpful insights into the increasingly complex international intellectual property system. Global Intellectual Property Law is not only an effective textbook for students interested in the subject, but a desktop companion for policymakers and professionals who need a quick and up-to-date overview of global intellectual property issues. Peter K. Yu, Drake University, US and Zhongnan University of Economics and Law, China Today global intellectual property rules affect everything from poor people s access to essential medicines to farmers rights in seeds to access to knowledge on the Internet. But at the same time that pundits declare that intellectual property has come of age, this body of law is more contested than ever, with critics asking whether intellectual property is even necessary to stimulate innovation, and whether and how intellectual property ought to be tailored to address the health and developmental needs of the global South. Dutfield and Suthersanen s Global Intellectual Property Law is a timely and lucid contribution to the field. This tome covers every hot button area of international intellectual property law and policy, from debates over the affect of intellectual property on development, to controversy over biotechnology and property rights in life, to claims by indigenous people and developing countries for new property rights in traditional knowledge. Dutfield and Suthersanen describe the current terrain, comparing North American, European, and developing world approaches; much to their credit, they do not shy away from describing points of tension among global actors. Global Intellectual Property Law is a must have for scholars and practitioners in the field for whom, I anticipate, the book will become a trusted and oft-used reference on their bookshelf. The book is clearly written and engaging enough to be perfect for students or laypersons interested in acquiring a comprehensive and critical appraisal of the field. Madhavi Sunder, University of California, Davis, US Dutfield and Suthersanen have succeeded in writing an engaging treatise that offers a truly modern perspective on intellectual property today. With examples from every continent, from every level of jurisdiction (national, regional, international), their study covers all the traditional fundamentals of intellectual property law as well as the current critical interrogations that their development raises. It is a book with character. Ysolde Gendreau, Université de Montréal, Canada Global Intellectual Property Law by Dutfield and Suthersanen provides a broad overview of the issues at stake concerning fair and effective ways to organize the information resources upon which the well-being of us all depends. The book highlights international and comparative perspectives on IP law and policy. Although primarily targeted at postgraduate level students, the book is enlightening also for practitioners, and a must-read for all policy makers and opinion leaders in the IP field. Thomas Dreier, University of Karlsruhe, Germany Globalisation of trade means that intangible informational resources are now produced, bartered and consumed anywhere and everywhere defying jurisdictional borders. Intellectual property has moved into the mainstream of national economic and developmental planning; in the recent past it has also emerged as the central impetus in multilateral


From Ideas To Assets

Author by : Bruce Berman
Languange : en
Publisher by : John Wiley & Sons
Format Available : PDF, ePub, Mobi
Total Read : 35
Total Download : 264
File Size : 41,9 Mb
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Description : In the information age, intellectual property rights such as patents, copyrights, and trademarks are among companies' most valuable assets. Today, managers and investors in a wide variety of industries need to understand the fundamentals of intellectual property rights in order to make informed decisions about the companies they run and the investments they hold. From Ideas to Assets provides a detailed overview of what intellectual property assets are and how they work - and what you need to know about them to succeed today's competitive business environment. It offers techniques for valuing intellectual property and discusses ways to help you maximize returns and discern performance variables. The 25 expert contributors to this volume approach the subject from the varied perspectives of shareholders, managers, analysts, accountants, advisors, and other professionals. Original tables, graphs, and statistics related to intellectual property returns and performance indices are included to clarify important legal and accounting concepts. This easy-to-read guide covers strategies for businesses in various industries, including the financial and manufacturing sectors. This is not a textbook or a stock-picking manual. From Ideas to Assets is a focused resource that provides diverse audiences with valuable guidance on the IP basics they need to know.


The Economic Structure Of Intellectual Property Law

Author by : William M. LANDES
Languange : en
Publisher by : Harvard University Press
Format Available : PDF, ePub, Mobi
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Description : This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law). Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels. This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights. Table of Contents: Introduction 1. The Economic Theory of Property 2. How to Think about Copyright 3. A Formal Model of Copyright 4. Basic Copyright Doctrines 5. Copyright in Unpublished Works 6. Fair Use, Parody, and Burlesque 7. The Economics of Trademark Law 8. The Optimal Duration of Copyrights and Trademarks 9. The Legal Protection of Postmodern Art 10. Moral Rights and the Visual Artists Rights Act 11. The Economics of Patent Law 12. The Patent Court: A Statistical Evaluation 13. The Economics of Trade Secrecy Law 14. Antitrust and Intellectual Property 15. The Political Economy of Intellectual Property Law Conclusion Acknowledgments Index Reviews of this book: Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book...[The Economic Structure of Intellectual Property Law] is a broad-ranging analysis of how intellectual property should and does work...Shakespeare's copying from Plutarch, Microsoft's incentives to hide the source code for Windows, and Andy Warhol's right to copyright a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran.' --Nicholas Thompson, New York Sun Reviews of this book: Landes and Posner, each widely respected in the intersection of law and economics, investigate the right mix of protection and use of intellectual property (IP)...This volume provides a broad and coherent approach to the economics and law of IP. The economics is important, understandable, and valuable. --R. A. Miller, Choice Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate. --Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law. --Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit The most important book ever written on intellectual property. --William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding. --Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law


Common Principles Of European Intellectual Property Law

Author by : Ansgar Ohly
Languange : en
Publisher by : Mohr Siebrek Ek
Format Available : PDF, ePub, Mobi
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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.


European Intellectual Property Law

Author by : Annette Kur
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 94
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Description : The second edition of this popular textbook has been thoroughly revised, expanded and updated in order to reflect the recent extensive changes in European IP legislation. Providing an in-depth examination of the core areas of IP law, from copyright, patents and trademarks through to the protection of plant varieties and industrial design, it is perfectly pitched to guide the reader through the complexities of the European IP system. New to this edition:* Coverage of recent legislative changes since the first edition, including detail on the proposed new copyright package* New expanded chapters on Plant Variety Rights, Industrial Designs and Geographical Indications * New chapter on IPRs and Unfair Competition, including Trade Secrets* Expanded chapter on patents by a patent expert who joined the author teamKey features:* Offers a clear and concise style, giving students and non-specialist practitioners a clear understanding of the fundamentals of European intellectual property law* Highlights extracts from key cases and source material* Poses questions designed to provoke wider thinking around legal problems* Covers related areas adjacent to IP law, in order to help students understand the context in which IP legislation operates* Gives an overview of community and European IP rights and areas that have been harmonized legislatively* Considers international IP protection and the interrelation between European and IP law more broadly in order to promote comparative studyWith its detailed and comprehensive overview on the structure and content of European IP law, this textbook has proved an essential companion to both basic and advanced courses on European intellectual property across the globe.


Intellectual Property Biogenetic Resources And Traditional Knowledge

Author by : Graham Dutfield
Languange : en
Publisher by : Earthscan
Format Available : PDF, ePub, Mobi
Total Read : 86
Total Download : 450
File Size : 48,9 Mb
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Description : Biogenetic resources - the critical biological and chemical materials that underpin so much of medicine, both modern and traditional, agriculture, and wider economic activity in so many fields - are at the centre of heated debate regarding their use, development, and ownership, and the issues of ethics and equity that impinge on all of these factors.This book is a comprehensive examination of the key issues, institutions and ideologies in this area, presenting definitions and explanations of the fundamentals of intellectual property rights (IPRs), biogenetic resources and traditional knowledge. It uses the insights from this to build a picture of how these factors interact in practice, bringing to the surface issues such as: the conservation and sustainable use of biodiversity, benefit sharing from the commercial use of biodiversity, biotechnological innovation and the transfer of technology, agriculture, food security, rural development, health and international justice.Part 1 describes the relevant international IPR laws, highlights the extent to which modern commerce depends on such resources, and traces the way in which modern IPR law has evolved to accommodate this dependence. Part 2 shows how stronger IPR protection in the area of life science innovation has given rise to controversies such as 'biopiracy', 'terminator' genes and genetic uniformity. Part 3 focuses on traditional knowledge, its nature, its importance, and the applicability of IPR-style protection. Part 4 covers the international negotiation and policy-making of the WTO, WIPO and CBD and the legislative initiatives of national governments of Asia, Africa and Latin America. Finally, Part 5 focuses on two developing country case studies - of India and Kenya - assessing whether they will be able to gain economic benefit from development of their natural resources within the current regulatory system and whether this will encourage the conservation and sustainable use of the resource base.With its multidisciplinary approach and breadth of coverage, this book will appeal both to those new to the subject and to those with professional and specialist interest, including students, academics, legal practitioners, government policy-makers and the private sector.


The Economics And Management Of Intellectual Property

Author by : Ove Granstrand
Languange : en
Publisher by : Edward Elgar Pub
Format Available : PDF, ePub, Mobi
Total Read : 77
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Description : This unique book - informed by ten years' research - focuses on intellectual property and charts the global transition towards intellectual capitalism with technology-based corporations as prime movers. The book gives a comprehensive overview of the history and fundamentals of intellectual property as well as a textbook introduction to the field. The book sheds new light on the economics and management of intellectual property in large corporations in Europe, Japan and the US. Special emphasis is given to strategies for the acquisition and commercialization of new technologies, patent strategies and strategies for secrecy and trademark, technology intelligence and corporate management of intellectual property. It includes an in-depth study of leading large corporations in Japan - including Canon, Hitachi, Toshiba and Sony. In conclusion, it explores the possible evolution of intellectual property management towards a distributed intellectual capital management in the context of a wider transition to intellectual capitalism, fueled by new technologies in general and new infocom technologies in particular. The book will have particular appeal to practitioners such as managers, economists, engineers and lawyers as well as students and scholars of industrial organization, economics of innovation and technical change, and management of technology.


Intellectual Property In The New Technological Age

Author by : Robert P. Merges
Languange : en
Publisher by : Aspen Publishers
Format Available : PDF, ePub, Mobi
Total Read : 43
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Description : Authors Merges, Menell, Lemley, and Jorde avoid the fragmented coverage that often plagues this cutting-edge course by approaching intellectual property as a unified whole. The extemely successful INTELLECTUAL PROPERTY IN THE NEW TECHNOLOGICAL AGE offers cases, notes, and challenging problems to allow a choice of teaching vehicles For The most effective presentation of each topic. In eight well-organized chapters, The casebook addresses: patent trademark copyright trade secrets software protection the overlap between antitrust law and intellectual property law The authors concentrate on the interaction between different types of intellectual property rights to give students a deep appreciation of the issues. Instructors will find the modular structure of INTELLECTUAL PROPERTY IN THE NEW TECHNOLOGICAL AGE particularly conducive to individual tailoring. You decide which problems and topics to cover and in what sequence. With its thorough examination of important fundamentals and its inclusion of problems, this exciting new casebook promises a rewarding classroom experience.


International Copyright

Author by : Paul Goldstein
Languange : en
Publisher by : Oxford University Press on Demand
Format Available : PDF, ePub, Mobi
Total Read : 99
Total Download : 801
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Description : International Copyright is an indispensable reference work for professionals involved with international intellectual property transactions or litigation. It is essential reading for scholars and for intellectual property practitioners worldwide. This edition provides new sections on contributory liability of intermediaries and on collective rights management.


Modernizing Copyright Law For The Digital Age

Author by : Randolph J. May
Languange : en
Publisher by : Carolina Academic Press LLC
Format Available : PDF, ePub, Mobi
Total Read : 49
Total Download : 424
File Size : 44,6 Mb
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Description : "This book examines copyrights and patent rights within the context of America's Constitution and its political economy, and it and tracks key historical developments of those intellectual property (IP) rights. More particularly, the book's primary focus is on copyrights during the 20th and early 21st centuries. The book connects constitutional principles and historical insights to specific recommendations for modernizing U.S. copyright law to meet the marketplace and technological challenges of the Digital Age"--


Intellectual Property Rights

Author by : Rajendra Kumar
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
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Total Download : 480
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Description :


Enforcement Of Intellectual Property Rights In Dutch English And German Civil Procedure

Author by : George Cumming
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 19
Total Download : 581
File Size : 53,8 Mb
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Description : EU Directive 2004/48 EC obliges Member States to seek to achieve 'partial harmonization' of the remedies, procedures and measures necessary to enforce intellectual property law. These obligations provide what may be termed a minimum standard which must be fulfilled by the Member States in the course of their implementation of the Directive. However, the Directive is not faring well at the Member State level. The three authors' vastly detailed, article-by-article analysis of the fortunes of Directive 2004/48 EC in three EU jurisdictions offers enormously valuable insights into the complex ways Member States respond to Community law, and in so doing provides an important addition to the ongoing inquiry into the nature of the reciprocal tensions between EU law (both judicial and legislative) and the laws of Member States. The particular investigation undertaken here reveals three paradigmatic situations: the situation in which the Directive has not been implemented at all, either because the Member State believes that its current legislation is adequate or that the wording of the Directive is such that no special legislation is required (England); the situation in which implementation has been inadequate, because either the pre-existing legislation constitutes inadequate legislation or because the specifically adopted legislation proves to be legally uncertain (The Netherlands); and the situation in which the relevant time for implementation for the Directive has elapsed and no specific legislation has been adopted (Germany). If there really is, as the European Commission contends, an 'enforcement deficit' in the protection of intellectual property rights by national rules of procedure, then the most effective remedial approach, Cummings shows, is through the principles of legal certainty, full effect, and effective judicial protection. These principles will assist the national court in interpretation of the precise meaning of the substantive obligations under the Directive. Drawing on the tenor of ECJ law that national procedural rules should not present an obstacle to adequate judicial protection, the author considers the conditions that must be fulfilled before an eventual claimant, who has suffered loss and damage caused by either the non-implementation or the incorrect implementation of a directive, may bring an action against the State for breach of Community law. The author presents his analyses of the implementation of the Directive in Dutch and English national procedure and his proposals for German implementation as three separate cases rather than comparatively, as any attempt to compare either the method of national implementation or the degree of adequacy or inadequacy inevitably obscures the essential particularities of each of the three national systems in relation to the Directive. Although this book will repay the study of anyone interested in European law, it will be of special value to practitioners and policymakers engaged in intellectual property law, particularly in EU Member States.


Conflict Of Laws In Intellectual Property

Author by : European Max European Max Planck Group on Conflict of Laws in Intellectual Property
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 58
Total Download : 744
File Size : 42,7 Mb
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Description : The Conflict of Laws in Intellectual Property (CLIP) Principles set out rules to resolve international disputes involving intellectual property rights, supplementing international and domestic law, as well as aiding lawyers to interpret the same. This work sets out the Principles alongside article-by-article analysis from authors of the Principles.


Fundamentals Of Patent Law

Author by : Matt Fisher
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 74
Total Download : 181
File Size : 48,9 Mb
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Description : Shortlisted for the 2008 Young Authors Inner Temple Book Prize This new book provides a comprehensive overview of the topic of patent claim interpretation in the UK and in three other select jurisdictions. It explores territory that has great commercial significance and yet is severely under-explored in existing works. The twin issues of the function of patent law and interpretational analysis of the scope of protection have been recently reconsidered by the House of Lords, and this work not only reviews their recent cases but also looks at how the US, German and Japanese patent systems deal with the complex problems presented in this area. The book provides a balanced approach between practical, academic and theoretical approaches to claim interpretation. In doing so it provides more than a simple case analysis, as it enables the reader to consider the shape that the law should take rather than simply recounting the current position. Its novelty therefore lies in bringing the theoretical elements of the discussion together with the view of the profession charged with creating the patent documentation in the first place and then viewing this in the light of the detailed comparative studies. It is only by considering all of these elements that we begin to see a pathway for the development of the law in this area. This is a work that will be an important source of reference for academics and practitioners working in the field of patent law.


Enforcement Of Intellectual Property Rights In Dutch English And German Civil Procedure

Author by : George Cumming
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 53
Total Download : 501
File Size : 45,7 Mb
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Description : EU Directive 2004/48 EC obliges Member States to seek to achieve ‘partial harmonization’ of the remedies, procedures and measures necessary to enforce intellectual property law. These obligations provide what may be termed a minimum standard which must be fulfilled by the Member States in the course of their implementation of the Directive. However, the Directive is not faring well at the Member State level. The three authors’ vastly detailed, article-by-article analysis of the fortunes of Directive 2004/48 EC in three EU jurisdictions offers enormously valuable insights into the complex ways Member States respond to Community law, and in so doing provides an important addition to the ongoing inquiry into the nature of the reciprocal tensions between EU law (both judicial and legislative) and the laws of Member States. The particular investigation undertaken here reveals three paradigmatic situations: the situation in which the Directive has not been implemented at all, either because the Member State believes that its current legislation is adequate or that the wording of the Directive is such that no special legislation is required (England); the situation in which implementation has been inadequate, because either the pre-existing legislation constitutes inadequate legislation or because the specifically adopted legislation proves to be legally uncertain (The Netherlands); and the situation in which the relevant time for implementation for the Directive has elapsed and no specific legislation has been adopted (Germany). If there really is, as the European Commission contends, an ‘enforcement deficit’ in the protection of intellectual property rights by national rules of procedure, then the most effective remedial approach, Cummings shows, is through the principles of legal certainty, full effect, and effective judicial protection. These principles will assist the national court in interpretation of the precise meaning of the substantive obligations under the Directive. Drawing on the tenor of ECJ law that national procedural rules should not present an obstacle to adequate judicial protection, the author considers the conditions that must be fulfilled before an eventual claimant, who has suffered loss and damage caused by either the non-implementation or the incorrect implementation of a directive, may bring an action against the State for breach of Community law. The author presents his analyses of the implementation of the Directive in Dutch and English national procedure and his proposals for German implementation as three separate cases rather than comparatively, as any attempt to compare either the method of national implementation or the degree of adequacy or inadequacy inevitably obscures the essential particularities of each of the three national systems in relation to the Directive. Although this book will repay the study of anyone interested in European law, it will be of special value to practitioners and policymakers engaged in intellectual property law, particularly in EU Member States.


Fundamentals Of U S Foreign Trade Policy

Author by : Stephen D. Cohen
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 52
Total Download : 273
File Size : 45,9 Mb
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Description : This unique text integrates for the first time the three critical aspects of U.S. foreign trade policy formulation and implementation: economics, politics, and laws. In a comprehensive and nonjudgmental manner, a political scientist, an economist, and a legal scholar combine efforts to present a well-rounded view of the nature and impact of trade p


Trips Plus 20

Author by : Hanns Ullrich
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 86
Total Download : 928
File Size : 51,6 Mb
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Description : This book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies. The contributions to this book inquire into whether the TRIPS Agreement should still be seen only as part of an international trade regulation, or whether it needs to be understood – or even reconceptualized – as a framework regulation for the international protection of intellectual property. The purpose, therefore, is not to define the terms of an outright revision of the TRIPS Agreement but rather to discuss the framework conditions for an interpretative evolution that could make the Agreement better suited to the expectations and needs of today’s global economy.


Intellectual Property And General Legal Principles

Author by : Graeme B. Dinwoodie
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 83
Total Download : 147
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Description : The rule of lex specialis serves as an interpretative method to determine which of two contesting norms should be used to govern. In this book, the lex specialis label is broadly applied to intellectual property and connects a series of questions: What


Trade Related Aspects Of Intellectual Property Rights

Author by : Carlos Correa
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 54
Total Download : 124
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Description : The TRIPS Agreement is the most comprehensive and influential international treaty on intellectual property rights. It brings intellectual property rules into the framework of the World Trade Organization, obliging all WTO Member States to meet minimum standards of intellectual property protection and enforcement. This has required massive changes in some national laws, particularly in developing countries. This volume provides a detailed legal analysis of the provisions of the TRIPS Agreement, as well as elements to consider their economic implications in different legal and socio-economic contexts. This book provides an in depth analysis of the principles and of the substantive and enforcement provisions of the TRIPS Agreement, the most influential international treaty on intellectual property currently in force. It discusses the legal context in which the Agreement was negotiated, the objectives of their proponents and the nature of the obligations it created for the members of the World Trade Organization. In particular, it examines the minimum standards that must be implemented with regard to patents, trademarks, industrial designs, geographical indications, copyright and related rights, integrated circuits, trade-secrets and test data for pharmaceutical and agrochemical products. Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement elaborates on the interpretation of provisions contained in said Agreement, in the light of the customary principles for the interpretation of international law. The analysis -which is supported by a review of the relevant GATT and WTO jurisprudence- identifies the policy space left to such members to implement their obligations in accordance with their own legal systems and public policy objectives, including in respect of complex issues such as patentability criteria, compulsory licenses, exceptions and limitations to copyright, border measures, injunctive relief and the protection of test data under the discipline of unfair competition.