Overlapping Intellectual Property Rights

Author by : Neil Wilkof
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 32
Total Download : 721
File Size : 49,9 Mb
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Description : Providing a comprehensive and systematic commentary on the nature of overlapping Intellectual Property rights and their place in practice, this book is a major contribution to the way that IP is understood. IP rights are mostly studied in isolation, yet in practice each of the legal categories created to protect IP rights will usually only provide partial legal coverage of the broader context in which such rights are actually created, used, and enforced. Consequently, often multiple IP rights may overlap, in whole or in part, with respect to the same underlying subject matter. Some patterns, for instance, in addition to being protected from copying under the design rights regime, may also be distinctive enough to warrant trade mark protection. Each chapter addresses a discrete pair of IP rights and is written by a specialist in that area. Facilitating an understanding of how and when those rights may be encountered in practice, each chapter is introduced by a hypothetical situation setting out the overlap discussed in the chapter. The conceptual and practical issues arising from this situation are then discussed, providing practitioners with a full understanding of the overlap. Also included is a valuable summary table setting out the legal position for each set of overlapping rights in jurisdictions across Europe, Central and South America, and Asia, and the differences between them.


Intellectual Property Overlaps

Author by : Robert Tomkowicz
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 65
Total Download : 696
File Size : 43,6 Mb
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Description : Intellectual property rights and their overlaps are considered in light of rights purposes, relying on the concept of a balance of rights as the measuring rod for assessment of the consequences resulting from the exercise of overlapping rights. Identifying the complex interface between different types of intellectual property rights, this book discusses the use of these rights and their effect on a diverse group of stakeholders, from individual users of e-books to large corporations operating search engines on the internet. The book suggests solutions to potentially objectionable uses of overlapping rights in an attempt to provide judiciary and law practitioners with an analytical framework for resolving disputes of overlaps in the intellectual property system. In doing so, the author investigates how use of intellectual property rights associated with one segment of the system can affect the carefully crafted balance of rights held by various stakeholders in an overlapping segment. In particular, the book suggests that a properly construed doctrine of misuse of intellectual property rights would provide an adequate response to the challenge posed by improper use of overlapping intellectual property rights. This book is of particular interest to law practitioners, managers in advanced technology and media industries, academics, and university students who work with or analyze intellectual property and new technologies.


Crossing The Boundaries

Author by : Robert Jacek Tomkowicz
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 74
Total Download : 792
File Size : 52,5 Mb
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Description : Overlaps of intellectual property rights are a phenomenon that is not yet fully understood and analyzed; yet it is an increasingly important issue due to development of new hybrid technologies that defy the established structure of the system. Despite the potential adverse effects this phenomenon can have on the integrity of the system, the problem of overlaps has been neglected in judicial and scholarly analyses. This research presents the thesis that all uses of intellectual property rights should be viewed in light of their purposes. In other words, the phenomenon of overlapping intellectual property rights is not a problem per se; instead, it is the use of the rights for incompatible purposes that may be considered objectionable. The analyses use the concept of balance of rights as the measuring rod for assessment of the consequences resulting from use of the overlapping rights. Thus, the dissertation investigates how use of intellectual property rights associated with one segment of the system can affect carefully crafted balance of rights of various stakeholders in an overlapping segment and whether effectiveness of this segment to advance its purposes will be impeded by such use. The analyses are also done with the aim to formulate a uniform answer to identified and potentially objectionable uses of overlapping rights in an attempt to provide the judiciary and law practitioners with analytical framework for resolving disputes involving overlaps in the intellectual property system. An adequate response to the challenge posed by improper use of overlapping intellectual property rights can be found in a properly construed doctrine of misuse of intellectual property rights. Because overlaps in the intellectual property system are a phenomenon that probably cannot be legislated in practical terms, this dissertation advocates adoption of a judicially created doctrine of misuse based on purposive analysis of intellectual property rights.


Intellectual Property Overlaps

Author by : Estelle Derclaye
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 42
Total Download : 191
File Size : 51,9 Mb
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Description : Intellectual property rights, conventionally seen as quite distinct, are increasingly overlapping with one another. There are several reasons for this: the expansion of IPRs beyond their traditional borders, the creation of new IPRs especially at EU level, the exploitation of gaps in the law by shrewd lawyers, and the use of unfair competition as an alternative when IPRs are either not available at all or expired. The convergence of several IPRs on the same subject-matter poses problems. As they are normally envisaged as water-tight categories, there are very few rules which cater for the sort of regime clash that any overlap of IPRs necessarily entails. This book's aim is to find appropriate rules to regulate overlaps and thereby avoid regime conflicts and undue unstructured expansion of IPRs. The book studies the practical consequences of each overlap at the international, European and national levels (where the laws of France, the UK and Germany are reviewed). It then analyses the reasons for the prohibition or authorisation of overlaps. This analysis enables the determination of criteria and principles that can be used to (re)map the overlaps to achieve appropriateness and legitimacy.


Intellectual Property Law In Greece

Author by : Dionysia Kallinikou
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 86
Total Download : 602
File Size : 43,8 Mb
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Description : Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Greece. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Greece will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.


Intellectual Property Law In Argentina

Author by : Guillermo Cabanellas
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 23
Total Download : 856
File Size : 52,9 Mb
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Description : Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Argentina. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Argentina will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.


Intellectual Property Law In Hungary

Author by : Levente Tattay
Languange : en
Publisher by : Kluwer Law International
Format Available : PDF, ePub, Mobi
Total Read : 71
Total Download : 348
File Size : 54,8 Mb
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Description : Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Hungary. It covers every type of intellectual property right in depth - copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Hungary will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.


The Ownership Problems Of Overlaps In European Intellectual Property

Author by : Nuno de Araújo Sousa e Silva
Languange : en
Publisher by : Nomos Verlagsgesellschaft
Format Available : PDF, ePub, Mobi
Total Read : 46
Total Download : 646
File Size : 46,9 Mb
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Description : Intellectual Property rights are expanding and, thus, overlapping more than ever before. This poses challenges to a system devised as comprising a set of isolated compartments, each with its defined purpose. The diverging rules concerning ownership and entitlement can lead to different rights on the same object being owned by different persons. What happens then? This question is addressed under European law, focusing on the existing corpus of EU primary and secondary legislation and jurisprudence and the national laws of France, Germany and the UK. Five specific cases are considereded: trade marks and designs, trade marks and copyright, designs and copyright, data-base sui generis right and copyright and copyright and patents in the field of computer programs. Some solutions to the problem, namely convergence of ownership rules, avoidance of overlaps, prevalence of the closest regime, abuse of rights, implied licences, and expanding copyright solutions by analogy, are analysed.


Intellectual Property Law In Austria

Author by : Dieter Heine
Languange : en
Publisher by : Kluwer Law International
Format Available : PDF, ePub, Mobi
Total Read : 73
Total Download : 820
File Size : 51,8 Mb
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Description : Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Austria. It covers every type of intellectual property right in depth- copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Austria will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.


Intellectual Property Law In Canada

Author by : Mistrale Goudreau
Languange : en
Publisher by : Kluwer Law International
Format Available : PDF, ePub, Mobi
Total Read : 95
Total Download : 864
File Size : 54,7 Mb
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Description : Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Canada. It covers every type of intellectual property right in depth- copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Canada will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.


Intellectual Property Law In Switzerland

Author by : François Dessemontet
Languange : en
Publisher by : Kluwer Law International
Format Available : PDF, ePub, Mobi
Total Read : 91
Total Download : 151
File Size : 48,5 Mb
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Description : Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in the Switzerland. It covers every type of intellectual property right in depth - copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in the Switzerland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.


Intellectual Property Law In France

Author by : Nicolas Bouche
Languange : en
Publisher by : Kluwer Law International
Format Available : PDF, ePub, Mobi
Total Read : 97
Total Download : 135
File Size : 42,5 Mb
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Description : Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in France. It covers every type of intellectual property right in depth - copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in France will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.


Intellectual Property Law In Denmark

Author by : Thomas Riis
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 31
Total Download : 833
File Size : 45,7 Mb
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Description : Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning Intellectual Property Law in Denmark. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Intellectual Property Law in Denmark will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.


Intellectual Property Law In South Korea

Author by : Youngsun Cho
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 48
Total Download : 235
File Size : 42,6 Mb
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Description : Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in the South Korea. It covers every type of intellectual property right in depth - copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in the South Korea will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.


Intellectual Property Law In The Czech Republic

Author by : Ale Rozehnal
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 98
Total Download : 182
File Size : 43,7 Mb
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Description : Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in the Czech Republic. It covers every type of intellectual property right in depth - copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in the Czech Republic will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.


Intellectual Property Law In Colombia

Author by : Daniel Peña
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 46
Total Download : 934
File Size : 45,9 Mb
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Description : Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning Intellectual Property Law in Colombia. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Intellectual Property Law in Colombia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.


Intellectual Property Law In Romania

Author by : Alexandru Cristian Strenc
Languange : en
Publisher by : Kluwer Law International
Format Available : PDF, ePub, Mobi
Total Read : 80
Total Download : 894
File Size : 49,5 Mb
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Description : Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Romania. It covers every type of intellectual property right in depth-copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Romania will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.


Exhausting Intellectual Property Rights

Author by : Shubha Ghosh
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 65
Total Download : 332
File Size : 46,9 Mb
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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.


Intellectual Property Law In New Zealand

Author by : Anna Kingsbury
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 76
Total Download : 886
File Size : 40,5 Mb
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Description : Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in New Zealand. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in New Zealand will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.


Batman Forever The Economics Of Overlapping Rights

Author by : Cuntz, Alexander
Languange : en
Publisher by : WIPO
Format Available : PDF, ePub, Mobi
Total Read : 33
Total Download : 629
File Size : 43,5 Mb
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Description : When copyrighted comic characters are also protected under trademark laws, intellectual property (IP) rights can be overlapping. Arguably, registering a trademark can increase transaction costs for cross-media uses of characters, or it can help advertise across multiple sales channels. In an application to book, movie and video game publishing industries, we thus ask how creative reuse (innovation in uses) is affected in situations of overlapping rights, and whether ‘fuzzy boundaries’ of right frameworks are in fact enhancing or decreasing content sales.


Employees Intellectual Property Rights

Author by : Sanna Wolk
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 32
Total Download : 581
File Size : 52,9 Mb
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Description : In today’s knowledge-based global economy, most inventions are made by employed persons through their employers’ research and development activities. However, methods of establishing rights over an employee’s intellectual property assets are relatively uncertain in the absence of international solutions. Given that increasingly more businesses establish entities in different countries and more employees co-operate across borders, it becomes essential for companies to be able to establish the conditions under which ownership subsists in intellectual property created in employment relationships in various countries. This comparative law publication describes and analyses employers’ acquisition of employees’ intellectual property rights, first in general and then in depth. This second edition of the book considers thirty-four different jurisdictions worldwide. The 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. Among the issues and topics covered by the forty-nine distinguished contributors are the following: • different approaches in different law systems; • choice of law for contracts; • harmonizing international jurisdiction rules; • conditions for recognition and enforcement of foreign judgments; • employees’ rights in copyright, semiconductor chips, inventions, designs, plant varieties and utility models on a country-by-country basis; • employee remuneration right; • parties’ duty to inform; and • instances for disputes. With its wealth of information on an increasingly important subject for practitioners in every jurisdiction, this book is sure to be put to constant use by corporate lawyers and in-house counsel everywhere. It is also exceptionally valuable as a thorough resource for academics and researchers interested in the international harmonization of intellectual property law.


Intellectual Property Law In Poland

Author by : Piotr Machnikowski
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 80
Total Download : 370
File Size : 50,5 Mb
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Description : Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Poland. It covers every type of intellectual property right in depth copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Poland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.


The Oxford Handbook Of Intellectual Property Law

Author by : Rochelle C. Dreyfuss
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 85
Total Download : 615
File Size : 44,7 Mb
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Description : We live in an age in which expressive, informational, and technological subject matter are becoming increasingly important. Intellectual property is the primary means by which the law seeks to regulate such subject matter. It aims to promote innovation and creativity, and in doing so to support solutions to global environmental and health problems, as well as freedom of expression and democracy. It also seeks to stimulate economic growth and competition, accounting for its centrality to EU Internal Market and international trade and development policies. Additionally, it is of enormous and increasing importance to business. As a result there is a substantial and ever-growing interest in intellectual property law across all spheres of industry and social policy, including an interest in its legal principles, its social and normative foundations, and its place and operation in the political economy. This handbook written by leading academics and practitioners from the field of intellectual property law, and suitable for both a specialist legal readership and an intelligent but non-specialist legal and non-legal readership, provides a comprehensive account of the following areas: - The foundations of IP law, including its emergence and development in different jurisdictions and regions; - The substantive rules and principles of IP; and - Important issues arising from the existence and operation of IP in the political economy.


Intellectual Property Law In Tanzania

Author by : Niteleka Jacob Nichaenzi Jaconiah
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 20
Total Download : 474
File Size : 41,9 Mb
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Description : Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Tanzania. It covers every type of intellectual property right in depth and– copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Tanzania will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law. and and


Intellectual Property Law In Philippines

Author by : Jacinto D. Jimenez
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 21
Total Download : 324
File Size : 53,6 Mb
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Description : Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Philippines. It covers every type of intellectual property right in depth - copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends.


Intellectual Property Law In Israel

Author by : Orit Fischman Afori
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 40
Total Download : 959
File Size : 51,6 Mb
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Description : The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights.


The Copyright Trademark Interface

Author by : Martin Senftleben
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 39
Total Download : 195
File Size : 52,6 Mb
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Description : The Copyright/Trademark Interface How the Expansion of Trademark Protection Is Stifling Cultural Creativity Martin Senftleben The registration of cultural icons as trademarks has become a standard protection strategy in the field of contemporary cultural productions and plays an ever-increasing role in the area of cultural heritage. Attempts to register and ‘evergreen’ the protection of cultural signs, ranging from ‘Mickey Mouse’ to the ‘Mona Lisa’, are no longer unusual. This phenomenon – characterized by the EFTA Court as trademark registrations motivated by ‘commercial greed’ – has become typical of an era where trademark law is employed strategically to withhold or remove cultural symbols from the public domain. In an extraordinary analysis of the clash between culture and commerce, and imbalances caused by protection overlaps arising from cumulative copyright and trademark protection, this book draws attention to the corrosive effect of indefinitely renewable trademark rights and underscores the necessity to safeguard central preconditions for the proper functioning of the copyright system in society at large: the freedom to use pre-existing works as reference points for the artistic discourse and building blocks for new creations, and the need to ensure the constant enrichment of the public domain. Emphasizing how overlapping copyright and trademark protection endangers the proper functioning of intellectual property rights in the literary and artistic domain, the author examines whether the intellectual property system is capable of mitigating the risks arising from cumulative protection. Such issues and topics as the following are treated in depth: the different configuration of intellectual property rights in accordance with different policy objectives and societal functions, in particular the cultural imperative in copyright law and the market transparency imperative in trademark law; problems arising from the registration of cultural icons for use on souvenir and merchandising articles; lack of sufficient safeguards in trademark law against cultural heritage branding; current scope of trademark rights, including the protection of brand value and communication functions, and the deterrent effect of trademark protection on cultural creativity; possibility of a categorical exclusion of contemporary cultural icons and cultural heritage material from trademark protection; development of a strict gatekeeper requirement of ‘use as a mark’ to prevent unjustified trademark infringement claims; development of robust, culturally based defences against trademark infringement claims; and general guidelines for the regulation of protection overlaps in intellectual property law, based on insights derived from the analysis of copyright/trademark overlaps. Drawing on aesthetic, sociological and economic theories that support initiatives to safeguard the autonomy of the literary and artistic domain and support remix activities of artists, the author suggests sound criteria for identifying signs with cultural significance that should be excluded from trademark registration. The book shows how intellectual property law can make rights cumulation strategies less attractive and avoid the loss of inner consistency and social legitimacy, easing the tension between indefinitely renewable trademark rights and the need to preserve and cultivate the public domain of cultural expressions and other intellectual creations that enjoy protection for a limited period of time, such as industrial designs and technical know-how. Its assessment criteria will assist and enable trademark examiners and judges to identify relevant cultural signs, and its proposals for regulatory responses to protection overlaps in intellectual property law will prove of great and lasting value to lawyers, policymakers, and scholars dealing with intellectual property law.


Intellectual Property Law In Cyprus

Author by : Christos A. Theodoulou
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 75
Total Download : 364
File Size : 53,6 Mb
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Description : Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Cyprus. It covers every type of intellectual property right in depth and– copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, vailable remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Cyprus will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law. Also check out Intellectual Property Online. For more information on the International Encyclopaedia of Laws, click here.