Elgar Commentaries in Intellectual Property Law series – serie

This significantly revised and updated second edition builds upon the authoritative foundations of the first edition. It addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result.Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination. It provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements. This unique Commentary describes and analyses each EU directive in turn and discusses anticipated future challenges, utilising a clear structure to enable the reader to navigate the Commentary effectively.Written by a team of leading experts in the field, this Commentary combines theory and practice to tackle the role of copyright in society and the economy, making this a key resource for academics, researchers, practitioners and policymakers in copyright and comparative law.

This Commentary provides a comprehensive examination of the Hague Agreement Concerning the International Registration of Industrial Designs, through a detailed article-by-article analysis of the Agreement’s provisions, including the Regulations and Administrative Instructions. It explores the development and historical context of the Hague System for the protection of industrial design, and its role within the broader framework of intellectual property (IP) law.Key Features:Positions the Hague System in the context of relevant international treaties and conventionsDiscusses the advantages and disadvantages of international versus national design registrationsExplains the concepts and definitions of each article to construct an extensive review of the fundamental components of the AgreementReflects the sole applicability (since 1 January 2025) of the Hague Agreement Concerning the International Registration of Industrial Designs of July 2, 1999 (the Geneva Act) for design applicationsAddresses specific topics such as illustrations of design filings, national peculiarities of important Contracting Parties, and protection of Graphical User InterfacesDelivering useful strategies for IP practitioners, this Commentary is a valuable resource for agents, patent attorneys and those specializing in European and IP law. Furthering both academic understanding and real-world applications, it is also of interest to law scholars and students, as well as product designers who aim to protect their designs internationally.

This Commentary on the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides a detailed textual analysis of TRIPS - a pivotal international agreement on intellectual property rights.TRIPS sets minimum standards for national laws on copyright, patents, trademarks and other forms of intellectual property rights. TRIPS profoundly impacts upon the regulation of access to medicines, compulsory licensing of copyright material, geographical indicators and other significant IP-related matters.This reference book is a major authoritative work that is clearly organised and presented, allowing users to navigate quickly to commentary on any element of TRIPS. The book begins with a context-setting section, providing guidance on interpreting TRIPS. It considers the salient elements of the Vienna Convention on the Law of Treaties, the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes, and the preamble to the Agreement Establishing the WTO. The book then follows the seven part structure of TRIPS, and provides an article-by-article analysis of each of its 73 provisions and specifically addresses the interpretation of key phrases in each article.An essential resource for practitioners and scholars, this detailed and exhaustive volume will also prove invaluable to academics and students of intellectual property law, international law and trade law. It is a first point of reference for anyone needing to know more about TRIPS.Contents: 1. General Provisions and Basic Principles 2. Standards Concerning the Availability, Scope and Use of Intellectual Property Rights 3. Enforcement of Intellectual Property Rights 4. Acquisition and Maintenance of Intellectual Property Rights and Related Inter-Partes Procedures 5. Dispute Prevention and Settlement 6. Transitional Arrangements 7. Institutional Arrangements; Final Provisions