Exhaustion Of Intellectual Property Rights

Author : Shubha Ghosh
Publisher : Cambridge University Press
ISBN 13 : 110711585X
Total Pages : 231 pages
Book Rating : 4.59/5 ( download)

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Download or read book Exhausting Intellectual Property Rights written by Shubha Ghosh and published by Cambridge University Press. This book was released on 2018-11-08 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an in-depth assessment of the exhaustion doctrine and explores how its various implementations have shaped international trade issues.

Author : Shubha Ghosh
Publisher :
ISBN 13 : 9781107536012
Total Pages : pages
Book Rating : 4.14/5 ( download)

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Download or read book Exhausting Intellectual Property Rights written by Shubha Ghosh and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "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 : Irene Calboli
Publisher : Edward Elgar Publishing
ISBN 13 : 1783478713
Total Pages : 584 pages
Book Rating : 4.12/5 ( download)

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Download or read book Research Handbook on Intellectual Property Exhaustion and Parallel Imports written by Irene Calboli and published by Edward Elgar Publishing. This book was released on 2016-06-24 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Péter Mezei
Publisher : Cambridge University Press
ISBN 13 : 1108910246
Total Pages : 271 pages
Book Rating : 4.48/5 ( download)

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Download or read book Copyright Exhaustion written by Péter Mezei and published by Cambridge University Press. This book was released on 2022-02-24 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Ansgar Ohly
Publisher :
ISBN 13 : 9783161518263
Total Pages : 0 pages
Book Rating : 4.68/5 ( download)

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Download or read book Common Principles of European Intellectual Property Law written by Ansgar Ohly and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Niklas Bruun
Publisher : Cambridge University Press
ISBN 13 : 1108484603
Total Pages : 531 pages
Book Rating : 4.02/5 ( download)

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Download or read book Transition and Coherence in Intellectual Property Law written by Niklas Bruun and published by Cambridge University Press. This book was released on 2021-01-07 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Keith E. Maskus
Publisher : World Bank Publications
ISBN 13 : 9780821383483
Total Pages : 360 pages
Book Rating : 4.85/5 ( download)

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Download or read book Intellectual Property and Development written by Keith E. Maskus and published by World Bank Publications. This book was released on 2005-01-01 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Jorge L. Contreras
Publisher : Cambridge University Press
ISBN 13 : 1316518035
Total Pages : 951 pages
Book Rating : 4.38/5 ( download)

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Download or read book Intellectual Property Licensing and Transactions written by Jorge L. Contreras and published by Cambridge University Press. This book was released on 2022-06-30 with total page 951 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and practical textbook in the field of intellectual property licensing.

Author :
Publisher :
ISBN 13 : 9781910790465
Total Pages : 0 pages
Book Rating : 4.6X/5 ( download)

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Download or read book Exhaustion of Intellectual Property Rights written by and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Lazaros G. Grigoriadis
Publisher : Springer
ISBN 13 : 3319047957
Total Pages : 510 pages
Book Rating : 4.59/5 ( download)

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Download or read book Trade Marks and Free Trade written by Lazaros G. Grigoriadis and published by Springer. This book was released on 2014-05-06 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first study to examine the issue of the legality of parallel imports of trademarked goods under the most important legal systems on an international level, namely under GATT/WTO law, EU law and the laws of the ten major trading partners of the European Union. Part I consists of a general approach to the phenomenon of parallel importation and of a presentation of the theories that have been suggested to resolve the above-mentioned issue. The rule of exhaustion of rights, of which there are three types (rule of national, regional and international exhaustion of rights), is proposed as the most effective instrument to deal with the issue in question. Part II examines the question of exhaustion of trademark rights in light of the provisions of GATT/WTO Law. Part III analyzes the elements of the EU provisions on exhaustion of trademark rights (Articles 7 of Directive 2008/95/EC and 13 of Regulation (EC) 207/2009) and some specific issues relating to the application of these provisions. Part IV presents the regimes of exhaustion of trademark rights recognized in the European Union’s current ten most significant trading partners. The book is the first legal study to welcome, in light of economic analysis, the approach adopted by GATT/WTO law and EU law to the question of the geographical scope of the exhaustion of the trademark rights rule. It includes all the case law developed on an international level on the issue of the legality of parallel imports of trademarked goods and a comprehensive overview of the scientific literature concerning the phenomenon of parallel imports in general and the legality of parallel imports of trademarked goods. All the views expressed in the book are based on the European Court of Justice’s most recent case law and that of the courts of the most important trading partners of the European Union.