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Author: Shubha Ghosh Publisher: ISBN: 9781107536012 Category : Intellectual property Languages : en Pages :
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. The World Trade Organization, and the attendant Agreement on Trade-Related Aspects to Intellectual Property Rights (TRIPS) Agreement, speak to the push for open markets supported by uniform intellectual property laws. Against this dynamic is the push-back from nation states and regional agreements that adapt treaty obligations to the needs of local economic development"--
Author: Shubha Ghosh Publisher: ISBN: 9781107536012 Category : Intellectual property Languages : en Pages :
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. The World Trade Organization, and the attendant Agreement on Trade-Related Aspects to Intellectual Property Rights (TRIPS) Agreement, speak to the push for open markets supported by uniform intellectual property laws. Against this dynamic is the push-back from nation states and regional agreements that adapt treaty obligations to the needs of local economic development"--
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: 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: Irene Calboli Publisher: Edward Elgar Publishing ISBN: 1783478713 Category : Law Languages : en Pages : 582
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: Sandeep Mittal Publisher: ISBN: Category : Languages : en Pages : 6
Book Description
In intellectual property law, exhaustion doctrine (or 'first sale doctrine') limits the rights of an intellectual property owner ('IP Owner') to control use and resale of a good once it is sold by him or under his authority. The intellectual property rights (IPRs) are intrinsically territorial in nature and, therefore, subject to national laws of the territory where they have to be enforced. In this article, the concept of exhaustion would be discussed to reach an understanding as to existence of the concept of “international exhaustion” in international trade. Before discussing the legal feasibility of the concept of international exhaustion, its economic implications would have to be understood to arrive at a conclusion as to if the concept of 'international exhaustion' is legally feasible.
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: John Palfrey Publisher: MIT Press ISBN: 026229799X Category : Law Languages : en Pages : 260
Book Description
How a flexible and creative approach to intellectual property can help an organization accomplish goals ranging from building market share to expanding an industry. Most managers leave intellectual property issues to the legal department, unaware that an organization's intellectual property can help accomplish a range of management goals, from accessing new markets to improving existing products to generating new revenue streams. In this book, intellectual property expert and Harvard Law School professor John Palfrey offers a short briefing on intellectual property strategy for corporate managers and nonprofit administrators. Palfrey argues for strategies that go beyond the traditional highly restrictive “sword and shield” approach, suggesting that flexibility and creativity are essential to a profitable long-term intellectual property strategy—especially in an era of changing attitudes about media. Intellectual property, writes Palfrey, should be considered a key strategic asset class. Almost every organization has an intellectual property portfolio of some value and therefore the need for an intellectual property strategy. A brand, for example, is an important form of intellectual property, as is any information managed and produced by an organization. Palfrey identifies the essential areas of intellectual property—patent, copyright, trademark, and trade secret—and describes strategic approaches to each in a variety of organizational contexts, based on four basic steps. The most innovative organizations employ multiple intellectual property approaches, depending on the situation, asking hard, context-specific questions. By doing so, they achieve both short- and long-term benefits while positioning themselves for success in the global information economy.
Author: Shubha Ghosh
Author: Shubha Ghosh
Author: Shubha Ghosh
Author: Péter Mezei
Author: 
Author: Niklas Bruun
Author: Irene Calboli
Author: Sandeep Mittal
Author: Ansgar Ohly
Author: John Rothchild
Author: John Palfrey