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Patents as an Incentive for Innovation

Patents as an Incentive for Innovation
Author: Rafal Sikorski
Publisher: Kluwer Law International B.V.
Total Pages: 474
Release: 2021-02-16
Genre: Law
ISBN: 9403524146

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Patents as an Incentive for Innovation Edited by Rafal Sikorski & Zaneta Zemla-Pacud Patents are a reward for human inventiveness. A well-functioning patent system must provide incentives for innovation, safeguard dynamic competition and protect the public interest – a balancing act fraught with difficulty in the ‘connected’ global world. This ground-breaking book is the first to deeply analyse how patent law today performs its function of stimulating innovation in the crucial sectors of healthcare, agriculture, artificial intelligence and communications technology. Patent specialists, practitioners and scholars from various jurisdictions thoroughly describe how patent rights can be deployed to incentivize investments in researching and developing socially critical innovations without sacrificing the public’s interest in sharing the benefits that are produced. Among the emerging issues of patent rights investigated are the following: protectability and morality of according private rights over material derived from the human body; licensing on fair, reasonable and non-discriminatory (FRAND) terms; the supplementary protection certificate (SPC) manufacturing waiver; patent eligibility of artificial intelligence-related inventions; excessive enforcement of patents by patent assertion entities; enforcement of second medical use innovations; the so-called farmer’s privilege, the farm-save seed exemption, and breeders’ rights; international trade regulations and their influence on patent systems; human enhancement technologies and the consequences of patenting them; specifics of patent protection for biologic medicines; challenges posed by artificial intelligence for the disclosure requirement in patent law; and standard essential patent licensing, particularly in the context of the 5G standard. Perspectives taken into consideration by the authors include protectability criteria, length and scope of the granted protection, mechanisms for dealing with the friction between generalized application and specialized concerns, and rights enforcement. These aspects are analysed on the domestic, international and global levels. The COVID-19 pandemic has highlighted the urgent need to strike the right balance between innovation and access in healthcare and other technologies, a need rooted in patent law. Because the problems discussed – and solutions offered – in this collection of expert essays are of tremendous practical and cultural significance, the book will be of immeasurable value to practitioners, policymakers and researchers in patent law and other fields of intellectual property law.


Understanding Trademark Law

Understanding Trademark Law
Author: Mary LaFrance
Publisher: Carolina Academic Press LLC
Total Pages: 420
Release: 2019
Genre: Competition, Unfair
ISBN: 9781531014896

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"This treatise is a comprehensive and up-to-date guide to the law of trademarks and unfair competition. It provides a thorough introduction to the federal laws protecting registered trademarks and trade dress, as well as the broad array of federal and state unfair competition doctrines which protect unregistered trademarks and trade dress. Coverage includes the standards and procedures for obtaining federal registration, the rights and remedies available to owners of both registered and common law marks under federal and state law, and the full array of applicable defenses"--


Patent and Trademark Office Notices

Patent and Trademark Office Notices
Author: United States. Patent and Trademark Office
Publisher:
Total Pages: 1282
Release: 2004
Genre: Patents
ISBN:

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Character Trademarks

Character Trademarks
Author: John Mendenhall
Publisher: Chronicle Books
Total Pages: 140
Release: 1990-10
Genre: Design
ISBN: 9780877017523

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With the growing awareness of the value of character trademark symbols in product design, marketing, and promotion has come a resurgence of interest in these extraordinary icons. The popularity of the California Raisins and other recent examples attest to the appeal of character trademarks in popular culture. From Reddy Kilowatt to Colonel Sanders, there is humor and nostalgia in the humble, often "kitschy" images which have become classics of commercial folk art that every consumer can relate to. This engaging volume contains approximately one thousand trademarks from the past ninety years, as well as a "Hall of Fame" section profiling some of the classic characters with the history of their development. Chronicle Books is pleased to include this remarkable volume in its series of design books, including Trademarks of the 20's and 30's and Trademarks of the 40's and 50's.


TM

TM
Author: Ivan Chermayeff
Publisher: Princeton Architectural Press
Total Pages: 292
Release: 2000-09
Genre: Design
ISBN: 9781568982564

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The NBC peacock, the PBS "everyman," the Chase Bank octagon, and hundreds of other outstanding trademarks have been created by one design firm, Chermayeff & Geismar Inc. Their logos and identity programs for high-profile corporations such as Mobil, Time Warner, Viacom, and Xerox, and for preeminent institutions such as the New York Public Library, Alvin Ailey Dance, the Smithsonian Institution, and the Museum of Modern Art, are instantly recognizable hallmarks of design. TM collects over 200 trademarks created over the 40-year history of the firm, which is led by Ivan Chermayeff, Tom Geismar, and Steff Geissbuhler. The variety and vitality of their work is reflected in this visually rich book, which serves an inspiration for designers as well as a reference to the best in trademark design.


New Developments in EU and International Copyright Law

New Developments in EU and International Copyright Law
Author: Irini A. Stamatoudi
Publisher: Kluwer Law International B.V.
Total Pages: 522
Release: 2016-02-23
Genre: Law
ISBN: 9041159991

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More than a source of income and a means of protection for creators, rightholders, and the creative and entertainment industries, copyright is also a vehicle for technological advances and economic development. In the European Union, industries with intensive emphasis on intellectual property rights (mainly copyright) generate more than a quarter of employment and more than a third of economic activity. Yet copyright continues to be plagued by problematic attempts to balance the interests of rightholders, the public, consumers, intermediaries, collecting societies, different national legal traditions, and other forces, European and global. This book draws a comprehensive picture of current, pending, and proposed copyright developments – legislation, ‘communications,’ white papers, and court decisions – at the levels of the European Union and the World Intellectual Property Organization. Twenty-two well-known and prestigious experts on intellectual property law from seventeen jurisdictions worldwide contribute essays on particular trends in copyright, including discussions of the following and more: - making content available in an EU digital single market; - collective management and multi-territorial licensing; - exceptions for libraries and archives, education and research; - traditional knowledge and cultural expressions; - unjustified geoblocking; - illegal content on the Internet; - text and data mining; - copyright enforcement online; and - role of the European Court of Justice. Policy recommendations are also set forth, as well as a detailed conceptual framework for a potential EU Copyright Code. As a detailed and thoughtful overview of current trends in copyright internationally, this book has no peers. It is sure to be welcomed by practitioners, policymakers, academics, researchers, and business leaders for whom intellectual property rights, and especially copyright, are of the first importance.


Trademarks and Their Role in Innovation, Entrepreneurship and Industrial Organization

Trademarks and Their Role in Innovation, Entrepreneurship and Industrial Organization
Author: Carolina Castaldi
Publisher: Routledge
Total Pages: 360
Release: 2021-06-14
Genre: Business & Economics
ISBN: 1000403874

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Trademarks are the most widely used intellectual property right by companies worldwide. Their strategic importance is increasing, as reputational assets become more relevant for companies than ever, in national and global markets. Trademarks also represent key tools for companies to profit from innovation and can make the difference for start-ups and entrepreneurial firms by allowing them to gain legitimacy and fostering fund raising from investors. This book Trademarks and Their Role in Innovation, Entrepreneurship and Industrial Organization takes stock of the emerging academic research on how companies use trademarks. It collects a rich set of contributions from several research perspectives and disciplines and proposes an integrated view bridging different levels of analysis: individual, firm, industry, and country level. Specifically, the book combines an industrial organization, innovation, and entrepreneurship perspective to understand why, when and with what effects entrepreneurs, innovators, and firms use trademarks. The book is targeted toward academic readers to gain a better understanding of the emerging and interdisciplinary field of trademark research as well as interested practitioners from the area of intellectual property (IP) management and policy-making. The chapters in this book were originally published in Industry and Innovation.


Mastering Trademark and Unfair Competition Law

Mastering Trademark and Unfair Competition Law
Author: Lars S. Smith
Publisher:
Total Pages: 0
Release: 2013
Genre: Trademarks
ISBN: 9781594604492

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Mastering Trademark and Unfair Competition Law provides a clear and concise presentation of the basic principles underlying and the challenges facing a student or practitioner of trademark law in a digital age. This book traces the evolution of trademark law from its origin as a common law tort of unfair competition and associated common law trademark rights, to the most recent amendments to the federal Lanham Trademark Act. The book lays a solid foundation covering the basics of obtaining trademark and trade dress rights; federal trademark registration practice, including a discussion of practice before the TTAB; trademark infringement; defenses; and remedies. Mastering Trademark and Unfair Competition Law also has extensive coverage of the dilution of famous trademarks. Mastering Trademark and Unfair Competition Law thoroughly discusses all of the elements of the modern trademark practice. It has extensive discussions of new technologies such as Internet domain names, web pages, keyword advertising, virtual worlds, and computer games, as well as how trademark law has responded to the challenges presented by new forms of trademark use. There are chapters on cybersquatting under the Uniform Domain Name Resolution Policy (UDRP) and international trademark law including review of treaties such as the Paris Convention and the Madrid Protocol. The goal of this book is to ground the reader in the law, policies, and theories of trademark law so that the reader can better understand the legal and economic role of trademarks and brands in a modern economy.