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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.


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: 584
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.


Common Principles of European Intellectual Property Law

Common Principles of European Intellectual Property Law
Author: Ansgar Ohly
Publisher:
Total Pages: 0
Release: 2012
Genre: Europa
ISBN: 9783161518263

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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.


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.


Intellectual Property and Development

Intellectual Property and Development
Author: Keith E. Maskus
Publisher: World Bank Publications
Total Pages: 360
Release: 2005-01-01
Genre: Law
ISBN: 9780821383483

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International policies toward protecting intellectual property rights have seen profound changes over the past two decades. Rules on how to protect patents, copyright, trademarks and other forms of intellectual property have become a standard component of international trade agreements. Most significantly, during the Uruguay Round of multilateral trade negotiations (1986-94), members of what is today the World Trade Organization (WTO) concluded the Agreement on Trade Related Intellectual Property Rights (TRIPS), which sets out minimum standards of protection that most of the world's economies have to respect. How will developing countries fare in this new international environment? Intellectual Property and Development brings together empirical research that assesses the effects of changing intellectual property regimes on various measures of economic and social performance - ranging from international trade, foreign investment and competition, to innovation and access to new technologies. The studies presented point to an important development dimension to the protection of intellectual property. But a one-size fits all approach to intellectual property is unlikely to work. There is need to adjust intellectual property norms to domestic needs, taking into account developing countries' capacity to innovate, technological needs, and institutional capabilities. In addition, governments need to consider a range of complementary policies to maximize the benefits and reduce the costs of reformed intellectual property regulations. This book will be of interest to students and scholars of international law, particularly in the area of intellectual property rights, international trade, and public policy.


Patent Exhaustion and International Trade Regulation

Patent Exhaustion and International Trade Regulation
Author: Santanu Mukherjee
Publisher: BRILL
Total Pages: 351
Release: 2023-03-13
Genre: Law
ISBN: 9004542817

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This book dives into the legal and economic rationale of patent exhaustion, studying its evolution from the beginning in Germany, UK and USA, to Japan and 10 developing countries. The author also analyses exhaustion under TRIPS, GATT, GATS and major regional agreements, including the EU, before assessing the interface of patent exhaustion with competition policy. The book also addresses public policy concerns of Least developed and developing countries linked to their IPR challenges as IP users. It concludes that an appropriate exhaustion mode under relevant legal measures would protect patents while also restraining patents to become non-tariff barriers. The open access publication of this book has been published with the support of the Swiss National Science Foundation.


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.