Noam Shemtov – författare

Although the law on infringement is relatively straightforward in relation to thecopying of literal and textual elements of software, it is the copying of non-literaland functional elements that poses complex and topical questions in the contextof intellectual property (IP) protection. In many cases, it is these non-literal andfunctional elements that contain the real value of a software product. This bookconcerns the copying of non-literal and functional elements of software in boththe United States and European Union, using a holistic approach to address themost topical questions facing experts concerned with legal protection of softwareproducts across a range of technological platforms.The book focuses on six distinct but interrelated areas: contract, copyright, patents,trade-dress, designs and trade secrets, discussing these areas separately and inrelation to one another. The book discusses software as a multilayered functionalproduct, setting the scene for other legal discussions by highlighting software''sunique characteristics. It examines models for the provision of software, addressinglicensing patterns and overall enforceability, as well as the statutory and judicialtools for regulating the use of such licences. It assesses the protection of non-literaland functional software elements under EU and US laws, focusing on internalarchitecture, interfaces, behavioural elements and GUIs.

Although the law on infringement is relatively straightforward in relation to thecopying of literal and textual elements of software, it is the copying of non-literaland functional elements that poses complex and topical questions in the contextof intellectual property (IP) protection. In many cases, it is these non-literal andfunctional elements that contain the real value of a software product. This bookconcerns the copying of non-literal and functional elements of software in boththe United States and European Union, using a holistic approach to address themost topical questions facing experts concerned with legal protection of softwareproducts across a range of technological platforms.The book focuses on six distinct but interrelated areas: contract, copyright, patents,trade-dress, designs and trade secrets, discussing these areas separately and inrelation to one another. The book discusses software as a multilayered functionalproduct, setting the scene for other legal discussions by highlighting software''sunique characteristics. It examines models for the provision of software, addressinglicensing patterns and overall enforceability, as well as the statutory and judicialtools for regulating the use of such licences. It assesses the protection of non-literaland functional software elements under EU and US laws, focusing on internalarchitecture, interfaces, behavioural elements and GUIs.

Although the law on infringement is relatively straightforward in relation to thecopying of literal and textual elements of software, it is the copying of non-literaland functional elements that poses complex and topical questions in the contextof intellectual property (IP) protection. In many cases, it is these non-literal andfunctional elements that contain the real value of a software product. This bookconcerns the copying of non-literal and functional elements of software in boththe United States and European Union, using a holistic approach to address themost topical questions facing experts concerned with legal protection of softwareproducts across a range of technological platforms.The book focuses on six distinct but interrelated areas: contract, copyright, patents,trade-dress, designs and trade secrets, discussing these areas separately and inrelation to one another. The book discusses software as a multilayered functionalproduct, setting the scene for other legal discussions by highlighting software'sunique characteristics. It examines models for the provision of software, addressinglicensing patterns and overall enforceability, as well as the statutory and judicialtools for regulating the use of such licences. It assesses the protection of non-literaland functional software elements under EU and US laws, focusing on internalarchitecture, interfaces, behavioural elements and GUIs.

This book provides a critical analysis of the interface between trade mark law and competition law through a combination of practice, doctrine, and policy. The two legal regimes are at opposite ends of the scale, with one promoting monopoly and the other competition; they operate at parallel levels, often without regard for the objectives and regulatory tools of the other. However, an increasing number of cases from the European Union (EU) and beyond cover the intersection of the two regimes. This book highlights the ways in which the fundamentals of trade mark law are being challenged from a competition law perspective, and how trade mark principles affect the development and application of competition law. It provides a detailed overview of jurisprudence from Europe, the United States, and Australia, adopting a comparative approach.The book explores three practical areas. Firstly, it considers the jurisprudence on how trade mark law internalises competition considerations. Secondly, it examines how competition law internalises trade mark considerations. Thirdly, it looks at the hierarchy of the direct relationship between trade mark law as a set of exclusionary rules that lead to market power on one hand and competition law as a set of rules targeting market power and its abuse on the other. The book then focuses on identifying and 'codifying' the judicial toolkit developed by the courts in all of these, and positions this against a theoretical justificatory background. Finally, it tests the sustainability of the toolkit against the 'competition plus' context and provides an appropriate policy framework for the balancing between trade mark rights and competition rules.

Elgar Research Agendas outline the future of research in each area. Leading scholars are given the space to explore their subject in provocative ways and map out the potential directions of travel. They are relevant but also visionary.In this prescient book, expert authors identify key areas of development, conflict and tension within patent law, providing crucial insights into the field to steer future research and policymaking.Encompassing traditional and cutting edge technologies, chapters examine the interactions between patent law and a wide range of pertinent sectors including the information and communications technology, pharmaceutical and biotech industries. Leading and emerging scholars examine key issues such as the patenting of core AI innovations in Europe, how best to achieve fair and equitable grants for patents on genome editing inventions, and the patenting strategies of pharmaceutical companies. Ultimately, this Research Agenda advocates for the redirection of future patent policies towards a more balanced equilibrium between protecting innovation and safeguarding overriding and often conflicting public interests.Students and scholars of intellectual property law will benefit from the novel perspectives and identification of new research pathways presented in this Research Agenda.