Massive quantities of information are required to fuel the innovation process in a knowledge-based economy; a requirement that is in tension with intellectual property (IP) laws. Against this backdrop, leading thinkers in the IP arena explore the 'access challenge' of the 21st century, framed as the tension between the interest in the free flow of information and the fragmentation of knowledge resulting from strong IP laws.In some areas this tension seems to resolve in a shift of IP laws in the direction of greater openness, whether due to new business models, improved legal tools or access-friendly interpretations of existing laws. The book's chapters explore the challenges encountered by this 'opening' process from various perspectives, including:open access to public sector and scientific research dataenhanced use of licensingreshaping the contours of individual IP lawsinclusion of new stakeholders in the IP debatechallenges to the information flow in the international arena.

Innovation, Competition and Collaboration explores intellectual property (IP) in an era of fast-paced innovation, where private contractual arrangements for shared use of IP are seen to enhance competitive advantage. This timely book examines emerging innovation models and offers a forward-thinking, globalized perspective on critical developments in IP law.As innovation processes become increasingly collaborative, new relationships among players in the innovation space emerge. These developments demand new legal structures that allow horizontally integrated, open and shared use of IP. In this book, expert contributors review fundamental issues surrounding the collaborative use of IP and discuss emerging trends. The topics discussed include: the interpretation of FRAND terms in the context of standard essential patents; secondary liability of technology providers; contractual arrangements in trademark law, and the treatment of IP issues in specific emerging industries.Academics and practitioners alike will find this compelling discussion both informative and pragmatic, benefiting from the insight into how and why, in this modern innovation environment, competitive advantage is not premised solely on IP exclusivity.Contributors: D. Beldiman, M.W. Carroll, S. Dusollier, G. Ghidini, A. Kur, T. Minssen, A. Ohly, A. Stazi, T. Vinje, J. De Werra, J.B. Wested

Innovation, Competition and Collaboration explores intellectual property (IP) in an era of fast-paced innovation, where private contractual arrangements for shared use of IP are seen to enhance competitive advantage. This timely book examines emerging innovation models and offers a forward-thinking, globalized perspective on critical developments in IP law.

As innovation processes become increasingly collaborative, new relationships among players in the innovation space emerge. These developments demand new legal structures that allow horizontally integrated, open and shared use of IP. In this book, expert contributors review fundamental issues surrounding the collaborative use of IP and discuss emerging trends. The topics discussed include: the interpretation of FRAND terms in the context of standard essential patents; secondary liability of technology providers; contractual arrangements in trademark law, and the treatment of IP issues in specific emerging industries.

Academics and practitioners alike will find this compelling discussion both informative and pragmatic, benefiting from the insight into how and why, in this modern innovation environment, competitive advantage is not premised solely on IP exclusivity.

Contributors: D. Beldiman, M.W. Carroll, S. Dusollier, G. Ghidini, A. Kur, T. Minssen, A. Ohly, A. Stazi, T. Vinje, J. De Werra, J.B. Wested

This book provides a comprehensive assessment of the current legal landscape of global design law. It includes practice-based and analytical accounts of national design laws from several representative jurisdictions and delves into the practical and theoretical dimensions of some of the most urgent procedural issues facing this legal field.Key Features:Insights from experienced practitioners and subject matter expertsExamination of key jurisdictional issues in design law, including practice suggestionsComparative legal analysis of the design laws in countries spanning Asia, Australasia, Europe and North AmericaExposition of key concepts in design law, including aesthetic creative freedom, cumulative protection and spare partsCoverage of complex, developing issues such as the protection of AI-generated works and the reframing of design law to align with the goals of the circular economyHighly practical and authoritative, Design Law is indispensable for legal professionals practising in intellectual property law and international commercial law. Written in an accessible style, this book is also a valuable reference to legal scholars and law students interested in design, intellectual property, and fashion law.

This book provides a comprehensive assessment of the current legal landscape of global design law. It includes practice-based and analytical accounts of national design laws from several representative jurisdictions and delves into the practical and theoretical dimensions of some of the most urgent procedural issues facing this legal field.

Key Features:

Insights from experienced practitioners and subject matter expertsExamination of key jurisdictional issues in design law, including practice suggestionsComparative legal analysis of the design laws in countries spanning Asia, Australasia, Europe and North AmericaExposition of key concepts in design law, including aesthetic creative freedom, cumulative protection and spare partsCoverage of complex, developing issues such as the protection of AI-generated works and the reframing of design law to align with the goals of the circular economy

Highly practical and authoritative, Design Law is indispensable for legal professionals practising in intellectual property law and international commercial law. Written in an accessible style, this book is also a valuable reference to legal scholars and law students interested in design, intellectual property, and fashion law.

This  publication examines the legal aspects of the spare parts market from an IP perspective: specifically whether design protection for spare parts of a complex product extends to the spare part aftermarket, or whether that market should remain open to competition. The stakeholders’ equally weighty arguments that must be balanced against are, on the one hand, the property interest in an earned IP right in the design of the part; and on the other, enhanced competition, likely reflected in lower prices. The mounting tension between these two positions is manifest an increased number of lawsuits in both the US and the EU.This book provides a discussion of the legal issues involved in this debate from a global perspective, with special focus on the EU and the US.  Part I contextualizes the legal debate by discussing the historical background, the competitive situation and the respective stakeholder positions. Part II examines the relevant legal questions on a comparative basis, evaluating the likelihood of its adoption in the jurisdictions examined. Concluding that adoption is unlikely, Part III proposes a number of possible considerations meant to further compromise. Part IV concludes with a future outlook, specifically in light of the impact of technological development on this market.

Massive quantities of information are required to fuel the innovation process in a knowledge-based economy; a requirement that is in tension with intellectual property (IP) laws. Against this backdrop, leading thinkers in the IP arena explore the 'access challenge' of the 21st century, framed as the tension between the interest in the free flow of information and the fragmentation of knowledge resulting from strong IP laws.In some areas this tension seems to resolve in a shift of IP laws in the direction of greater openness, whether due to new business models, improved legal tools or access-friendly interpretations of existing laws. The book's chapters explore the challenges encountered by this 'opening' process from various perspectives, including:open access to public sector and scientific research dataenhanced use of licensingreshaping the contours of individual IP lawsinclusion of new stakeholders in the IP debatechallenges to the information flow in the international arena.

Innovation, Competition and Collaboration explores intellectual property (IP) in an era of fast-paced innovation, where private contractual arrangements for shared use of IP are seen to enhance competitive advantage. This timely book examines emerging innovation models and offers a forward-thinking, globalized perspective on critical developments in IP law.As innovation processes become increasingly collaborative, new relationships among players in the innovation space emerge. These developments demand new legal structures that allow horizontally integrated, open and shared use of IP. In this book, expert contributors review fundamental issues surrounding the collaborative use of IP and discuss emerging trends. The topics discussed include: the interpretation of FRAND terms in the context of standard essential patents; secondary liability of technology providers; contractual arrangements in trademark law, and the treatment of IP issues in specific emerging industries.Academics and practitioners alike will find this compelling discussion both informative and pragmatic, benefiting from the insight into how and why, in this modern innovation environment, competitive advantage is not premised solely on IP exclusivity.Contributors: D. Beldiman, M.W. Carroll, S. Dusollier, G. Ghidini, A. Kur, T. Minssen, A. Ohly, A. Stazi, T. Vinje, J. De Werra, J.B. Wested

Innovation, Competition and Collaboration explores intellectual property (IP) in an era of fast-paced innovation, where private contractual arrangements for shared use of IP are seen to enhance competitive advantage. This timely book examines emerging innovation models and offers a forward-thinking, globalized perspective on critical developments in IP law.

As innovation processes become increasingly collaborative, new relationships among players in the innovation space emerge. These developments demand new legal structures that allow horizontally integrated, open and shared use of IP. In this book, expert contributors review fundamental issues surrounding the collaborative use of IP and discuss emerging trends. The topics discussed include: the interpretation of FRAND terms in the context of standard essential patents; secondary liability of technology providers; contractual arrangements in trademark law, and the treatment of IP issues in specific emerging industries.

Academics and practitioners alike will find this compelling discussion both informative and pragmatic, benefiting from the insight into how and why, in this modern innovation environment, competitive advantage is not premised solely on IP exclusivity.

Contributors: D. Beldiman, M.W. Carroll, S. Dusollier, G. Ghidini, A. Kur, T. Minssen, A. Ohly, A. Stazi, T. Vinje, J. De Werra, J.B. Wested

This book provides a comprehensive assessment of the current legal landscape of global design law. It includes practice-based and analytical accounts of national design laws from several representative jurisdictions and delves into the practical and theoretical dimensions of some of the most urgent procedural issues facing this legal field.Key Features:Insights from experienced practitioners and subject matter expertsExamination of key jurisdictional issues in design law, including practice suggestionsComparative legal analysis of the design laws in countries spanning Asia, Australasia, Europe and North AmericaExposition of key concepts in design law, including aesthetic creative freedom, cumulative protection and spare partsCoverage of complex, developing issues such as the protection of AI-generated works and the reframing of design law to align with the goals of the circular economyHighly practical and authoritative, Design Law is indispensable for legal professionals practising in intellectual property law and international commercial law. Written in an accessible style, this book is also a valuable reference to legal scholars and law students interested in design, intellectual property, and fashion law.

This book provides a comprehensive assessment of the current legal landscape of global design law. It includes practice-based and analytical accounts of national design laws from several representative jurisdictions and delves into the practical and theoretical dimensions of some of the most urgent procedural issues facing this legal field.

Key Features:

Insights from experienced practitioners and subject matter expertsExamination of key jurisdictional issues in design law, including practice suggestionsComparative legal analysis of the design laws in countries spanning Asia, Australasia, Europe and North AmericaExposition of key concepts in design law, including aesthetic creative freedom, cumulative protection and spare partsCoverage of complex, developing issues such as the protection of AI-generated works and the reframing of design law to align with the goals of the circular economy

Highly practical and authoritative, Design Law is indispensable for legal professionals practising in intellectual property law and international commercial law. Written in an accessible style, this book is also a valuable reference to legal scholars and law students interested in design, intellectual property, and fashion law.

This  publication examines the legal aspects of the spare parts market from an IP perspective: specifically whether design protection for spare parts of a complex product extends to the spare part aftermarket, or whether that market should remain open to competition. The stakeholders’ equally weighty arguments that must be balanced against are, on the one hand, the property interest in an earned IP right in the design of the part; and on the other, enhanced competition, likely reflected in lower prices. The mounting tension between these two positions is manifest an increased number of lawsuits in both the US and the EU.This book provides a discussion of the legal issues involved in this debate from a global perspective, with special focus on the EU and the US.  Part I contextualizes the legal debate by discussing the historical background, the competitive situation and the respective stakeholder positions. Part II examines the relevant legal questions on a comparative basis, evaluating the likelihood of its adoption in the jurisdictions examined. Concluding that adoption is unlikely, Part III proposes a number of possible considerations meant to further compromise. Part IV concludes with a future outlook, specifically in light of the impact of technological development on this market.