Exhausting Intellectual Property Rights

Exhausting Intellectual Property Rights
Author: Shubha Ghosh
Publisher:
Total Pages:
Release: 2018
Genre: Intellectual property
ISBN: 9781107536012

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"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"--

Research Handbook on Intellectual Property Exhaustion and Parallel Imports

Research Handbook on Intellectual Property Exhaustion and Parallel Imports
Author: Irene Calboli
Publisher: Edward Elgar Publishing
Total Pages: 582
Release: 2016-06-24
Genre: Law
ISBN: 1783478713

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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.

Copyright Exhaustion

Copyright Exhaustion
Author: Péter Mezei
Publisher: Cambridge University Press
Total Pages: 271
Release: 2022-02-24
Genre: Law
ISBN: 1108910246

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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.

Exhausting Intellectual Property Rights

Exhausting Intellectual Property Rights
Author: Shubha Ghosh
Publisher: Cambridge University Press
Total Pages: 231
Release: 2018-11-08
Genre: Law
ISBN: 110711585X

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Provides an in-depth assessment of the exhaustion doctrine and explores how its various implementations have shaped international trade issues.

Spares, Repairs, and Intellectual Property Rights

Spares, Repairs, and Intellectual Property Rights
Author: Christopher Heath
Publisher: Kluwer Law International B.V.
Total Pages: 250
Release: 2009-01-01
Genre: Law
ISBN: 9041131361

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Although supplying spare and replacement parts and providing repair services form the basis of many legitimate businesses, many manufacturing enterprises seek to augment the competitive advantage realized at the market stage of selling their main products by attempting to monopolize the market for spares, repairs and refills. Increasingly, companies are using intellectual property laws to devise up-front business strategies to gain exclusive rights in the components of their products. This is the first in-depth analysis of the law in this relatively new and rapidly developing area of practice. It sheds clear light on the conflicting interests of manufacturers, consumers, spare parts makers and the general public; explores the extent to which this kind of business strategy can be more or less successful with respect to the different rights involved, and in different jurisdictions; and highlights the competition issues that inevitably arise. The essays included are revised and updated versions of papers presented at the seventh (2006) of the innovative IP conference organized annually by the Macau Institute of European Studies (IEEM) on intellectual property law and the economic challenges for Asia. Among the topics and issues covered are the following: ; notions of and‘repairand’ and and‘recycleand’ and their legal effects; the limits of IP rights in relation to repair and recycle; legal limits of end user licence agreements (EULAs) and technological protection measures (TPMs); patent exhaustion on repair and recycling; alteration of product and‘identityand’; the concept of and‘indirectand’ or and‘contributoryand’ infringement; design law strategies; and secondary market definitions. The authors give detailed attention to cases in various jurisdictions that have guided and continue to guide business strategies in the field. Jurisdictions treated include the EU, the US, the UK, Germany, the Netherlands, China, Hong Kong, Japan, and Korea. In its clarification of the limits and possibilities of business strategies in this area of competition that is just beginning to attract attention, this book will be of great value not only to intellectual property law practitioners but to business people in nearly any field of production, especially where cross-border marketing is involved.

Transition and Coherence in Intellectual Property Law

Transition and Coherence in Intellectual Property Law
Author: Niklas Bruun
Publisher: Cambridge University Press
Total Pages: 531
Release: 2021-01-07
Genre: Law
ISBN: 1108484603

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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.

Copyright Exhaustion

Copyright Exhaustion
Author: Péter Mezei
Publisher:
Total Pages:
Release: 2022
Genre: First sale doctrine (Copyright)
ISBN: 9781108823937

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"In the second edition of this timely book, copyright scholar Péter Mezei offers a comprehensive examination of copyright exhaustion, including its historical development, theoretical framework, practical application, and policy considerations. He compares the substantive norms and case law for the first-sale doctrine in the US and in the European Union, covering both analogue and digital applications in detail, and, in doing so, questions the common rejection of exhaustion in the resale of digital subject matter, such as computer programs, sound recordings, audiovisual works, and e-books. Instead, he proposes a digital first-sale doctrine that would offer legal consistency to copyright law and a technologically feasible and economically balanced framework for content producers and consumers. This book should be read by anyone interested in how copyright law continues to evolve in conjunction with the digital world"--

Legal Feasibility of the Concept of 'International Exhaustion' in Intellectual Property Law

Legal Feasibility of the Concept of 'International Exhaustion' in Intellectual Property Law
Author: Sandeep Mittal
Publisher:
Total Pages: 6
Release: 2017
Genre:
ISBN:

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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.

Intellectual Property Licensing and Transactions

Intellectual Property Licensing and Transactions
Author: Jorge L. Contreras
Publisher: Cambridge University Press
Total Pages: 951
Release: 2022-06-30
Genre: Law
ISBN: 1316518035

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A comprehensive and practical textbook in the field of intellectual property licensing.