Author: Rosa Maria Ballardini Publisher: Kluwer Law International ISBN: 9789041156051 Category : Law Languages : en Pages : 0
Book Description
Editors and Contributors --Preface --Introduction --European Patent Reforms: General Perspectives --The Substantive Patent Law Framework --Enforcement and Procedural European Patent Law --European Patent Law: Perspectives from Other Fields of Law --Bibliography --Table of Legislation --Table of Cases.
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: Elmar Altvater Publisher: IOS Press ISBN: 9789051994186 Category : Business & Economics Languages : en Pages : 200
Book Description
The establishment of Intellectual Property Rights is of utmost importance for the functioning of the market mechanism in a modern economy based more and more on trade in services and software products. Most Central and Eastern European Countries already dispose on systems of Intellectual Property Rights protection. The law enforcement mechanism in a series of countries, however, must still be strengthened. In one section of the book, the authors give an overview on the institutionalisation of Intellectual Property Rights in Central and Eastern Europe and in some successor states of the former Soviet Union with special regard to Russia. Moreover, Intellectual Property Rights systems in the United States and Western Europe are compared and the rules of WTO were taken under consideration in order to find out their potential for fostering (or hampering) the central and eastern European process of transition. Finally, a deliberation on the historical grounds and theoretical foundations of individual and common property rights with regard to economic and technological innovation is included into the collection. The volume gives a comprehensive overview on the state of Intellectual Property Rights institutionalisation in the course of the process of transition in Central and Eastern Europe.
Author: Niklas Bruun Publisher: Cambridge University Press ISBN: 1108670911 Category : Law Languages : en Pages : 531
Book Description
The nature and content of intellectual property (IP) law, which is heavily contingent on the state of technology and on social and market developments, has always been subject to ongoing transitions. How those transitions are effected and the shape they take is crucial to the ability of IP to achieve its stated goals and provide the necessary climate for investment in creativity, innovation and brand differentiation. Yet the need for change can run headlong into a desire for coherence. A search for coherence tests the limits of the concept of “intellectual property,” is imperiled by overlaps between different IP regimes, and calls for a unifying normative theme. This volume assembles contributors from across IP and the globe to explore these questions, including whether coherence is desirable. It should be read by anyone interested in understanding the conceptual underpinnings of one of the most important and dynamic areas of the law.
Author: Malgorzata Switek Publisher: ISBN: Category : Languages : en Pages : 34
Book Description
This paper explores the legitimacy of patent law. It presents two detailed case studies to demonstrate how the European Patent Office's practice Examination Guidelines transform contested inventive matter and methods into arguable patent claims. The analysis makes the broader conceptual point that patent law standards are shaped by a version of 'textualisation' free from normative or purposive meaning, relying instead on peculiar linguistic and rhetorical structures to cumulatively set up and entrench credible meanings for technolegal objects. The Guidelines are institutionally embedded, intermediary texts with ambiguous legal status, that drives legitimate expectations in the patent community. Using a social constructivist notion of legitimacy as endowment, textualisation explains the EPO's ascendancy in the regulatory sphere; as well as the incongruent ways in which different constituents speak of the rules and aims of the patent system.
Author: Ian Muir Publisher: Oxford University Press, USA ISBN: 9780199254279 Category : Law Languages : en Pages : 450
Book Description
This text provides an analysis of European patent law and procedure (including practice under the PCT) and examines the provisions and case-law of the European Patent Convention, the Patent Law Treaty, and Community Patent.
Author: Stefan Luginbuehl Publisher: Edward Elgar Publishing ISBN: 0857933213 Category : Law Languages : en Pages : 361
Book Description
The book is explaining in detail the current discussion regarding the unification of European patent law. It explains the current national legal practices in Europe, describing the legal and factual issues and the different approaches to achieve unification. The book manages to show the complex situation and the different opinions from the beginning of the discussion in a clear and comprehensive manner without requiring previous knowledge of the reader and is therefore to be recommended for everyone interested. Jochen Pagenberg, LL.M. Harvard, President EPLAW, Germany and Thomas Schachl, LL.M., Attorney-at-law, Germany In his detailed study, Stefan Luginbuehl critically examines the latest efforts to establish a common European and EU patent litigation system and suggests possible alternatives to such a system. Due to the lack of a European patent court, both the EPO and national judges interpret European patents and European patent law. This results in diverging interpretation across Europe and costly litigation for patent holders. Stefan Luginbuehl s proposals to promote the goal of a uniform interpretation of patent law and ease the difficulties are timely and highly insightful. Dealing with important legal and political issues related to European patent litigation and the establishment of a common patent litigation system, this book will appeal to practitioners, patent litigators, patent attorneys and judges specialised in patent litigation. Academics teaching and learning IP (patent law), private international law, or international civil procedure, will find this study interesting as the book deals with important aspects of national and international patent litigation, as well as procedural and structural questions related to the establishment of a patent court for Europe.
Author: European Patent Organisation Publisher: Good Press ISBN: Category : Fiction Languages : en Pages : 50
Book Description
The European Patent Convention (EPC) is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted. A European patent is not a unitary right, but a group of essentially independent nationally enforceable, nationally revocable patents.
Author: Richard Hacon Publisher: Kluwer Law International B.V. ISBN: 9041145192 Category : Law Languages : en Pages : 769
Book Description
In our technological society patent law plays a central role as an incentive for the development and marketing of new technologies in many fields of business. The number of patent applications continues to grow considerably every year. International and European conventions and other instruments have been implemented in order to simplify the application for and enforcement of patents and which also govern the scope of protection afforded by a patent in Europe. Others are being planned. This second edition of Concise European Patent Law aims to offer the reader a rapid understanding of all the provisions of patent law in force in Europe that have been enacted at the European and international levels. This volume takes the form of an article-by-article commentary on the European Patent Convention and the relevant European Community legislation and international treaties. It is intended to provide the reader with a short and straightforward explanation of the principles of law to be drawn from each provision, with references to the most important case law. Editors and authors are prominent specialists (both academics and practitioners) in the field of international and European patent law. Concise European Patent Law, second edition is one of a series of volumes of commentary on European Intellectual property legislation edited by Thomas Dreier, Charles Gielen and Richard Hacon, based on the respected German and Dutch series ‘Kurzkommentar and Tekst en Commentaar.’
Author: Duncan Matthews Publisher: Walter de Gruyter GmbH & Co KG ISBN: 3110781719 Category : Law Languages : en Pages : 396
Book Description
This book provides a comprehensive overview of European Patent Law. It presents a critical analysis of the European patent law system and the proposed changes to it. The book explores the strengths and weaknesses of the European Patent Convention, and the interaction between the national and the European level, as well as across borders.
Author: Rosa Maria Ballardini
Author: Niklas Bruun
Author: Elmar Altvater
Author: Niklas Bruun
Author: Malgorzata Switek
Author: Ian Muir
Author: Stefan Luginbuehl
Author: European Patent Organisation
Author: Richard Hacon
Author: Duncan Matthews