Elgar Intellectual Property Law and Practice series – serie
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17 produkter
17 produkter
3 476 kr
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Written by a team of international experts, marshalled by one of the world’s foremost trademark lawyers, Trademark Dilution and Free Riding is the leading comparative work on trademark dilution.Trademark owners are motivated to litigate for a variety of reasons, often taking action in order to protect the integrity of a trademark and its commercial magnetism. This book assists the reader in navigating through the array of issues threatening well-known trademarks.Structured in three parts, the book first maps out the concept of trademark dilution as it has developed in Europe, in the U.S. and at the international level. It then sets out the current law on dilution in the most significant jurisdictions across the globe, explaining the national position on protection, infringement and remedies. Finally, it delivers a deep-dive into how fair use, parody and freedom of expression have affected dilution enforcement. This book is a must-have resource for trademark professionals worldwide, and will also stand as a valuable reference point for intellectual property scholars.Key Features:A leading author teamWide-ranging jurisdictional coverageHighly structured analysis for ease of navigationPractical guidance on protecting trademarks and remedies for infringementChapter on use of Survey Evidence in U.S. dilution casesExtensive discussion of the relationship between dilution and freedom of expression in the EU and U.S.
Prosecuting and Defending Domain Name Disputes
Effective Litigation Strategies
Inbunden, Engelska, 2023
2 435 kr
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Dealing extensively with domain name dispute case law, rules and procedures, this book provides practical information for protecting trademarks against registration and use of abusive third-party domain names as well as defending UDRP complaints. Leading intellectual property lawyer Daniel Bereskin presents an invaluable how-to guide for the effective execution of complaints concerning uniform domain names while considering responses to such complaints. The book also offers detailed advice on the evidence needed to support complaints and responses.Key Features:Evidence needed to support domain name dispute positionsAnalysis of the likelihood of success in domain name disputesA comprehensive examination of WIPO domain name dispute case lawTips on drafting persuasive responses to domain name dispute complaintsPractical guidance on creating effective complaints in domain name dispute proceedingsThis accessible and well-organized book will be a key resource for both trademark owners faced with abusive third-party domain name registrations and domain name owners who believe they registered their domain names in good faith, as well as lawyers, trademark agents, and advisors assisting them in dispute proceedings.
2 601 kr
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This book is a thoroughly revised and updated third edition of what has become the go-to reference on collective marks and certification marks and remains the only complete volume devoted to these increasingly significant types of trademarks.Offering a comprehensive, practical account of the topic, and comparing the systems in the EU, UK and US (as well as other jurisdictions) the book sets out the legal and commercial frameworks of certification and collective marks amid growing diversification of their applications.In addition to the laws and policies impacting ownership and use of these marks, Jeffrey Belson also addresses their historical development, registration and protection, certifiers’ liability, legal and commercial significance, and use in regulatory and technical standardisation frameworks.Key features:The only complete volume devoted to the law of certification and collective marksDiscussion of leading casesAnalysis of liability exposure of product certifiersDiscussion of new technologies for the verification of certification indicia.Comparison of certification and collective mark protection of geographical indications with the EU sui generis systemExamination of emergent forms of certification marks, namely ecolabels and electronic authentication marks in digital content.This updated edition is of primary interest to trademark practitioners who require a thorough explanation of the statutory protection, registration, and legal and commercial significance of certification and collective marks. It also provides scholars in the field of intellectual property with a useful reference resource and a platform for further research and policy recommendations.
3 959 kr
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In this thoroughly revised and updated third edition, Michael Blakeney investigates the European laws regulating the use of geographical indications (GIs) in the marketing of agricultural products, food, wines and spirits, and cultural products such as handicrafts. He outlines the protection of European GIs outside the EU through bilateral trade agreements, as well as the protection of GIs of third countries within the EU. Key updates to this comprehensive third edition include:Revised examination of the objectives of GIs protectionA new chapter exploring Regulation (EU) 2023/2411 on GIs for craft and industrial productsAnalysis of the impact of Brexit on GIs for British products in the EU and EU products in BritainNew content discussing the protection of wine GIs under the regulation on the Common Organisation of Agricultural Markets (CMO)Providing practical advice and analysis, this third edition continues to be an essential resource for legal practitioners of intellectual property, international economic law and trade law, advising or working within the agriculture, crafts and food industries in the EU. Policymakers and businesses marketing their products under GIs will also find this book beneficial.
2 632 kr
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Key features of this detailed and insightful work include:Practical analysis from a leading authority in the field of franchising.Examination of the impact of both franchise specific and general commercial law upon use of franchising in the EU.Comparative legal analysis of the law of England, Germany, France, the US and Australia.Carefully constructed proposals for a franchise directive in the EU based on the vast experience of the author.A draft text for the proposed directive.The Law and Regulation of Franchising in the EU provides an in-depth analysis of the regulatory environment for franchising in the EU. Franchising in the EU comprises nearly 10,000 franchised brands and over 215 billion (US$300 billion) turnover per annum. However, compared to its scale in the US and Australia, franchising is not realising its full potential in the EU and the author points to the lack of homogeneity across members states as a large part of the problem.The book concludes by arguing for the adoption of a draft directive, and proposes a draft directive, which promotes market confidence in franchising, provides pre-contractual hygiene and imposes a mandatory taxonomy of rights and obligations.This highly topical and comprehensive work will appeal to franchise lawyers and franchise academics as this is the first book that analyses the impact of EU and member state law upon the use of franchising in the EU.
2 466 kr
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Trade secret protection has long been of critical strategic importance to business interests and globalization of commerce has driven an increasing need to govern the preservation of confidentiality in international business transactions. This book offers an authoritative and unparalleled resource on US and international trade secret law and identifies optimal practices for securing trade secrets in varying jurisdictions.Defined as the international standard for trade secret protection, the United States' trade secret laws are explained in depth, illustrating their capacity and impediments. The proposed EU Trade Secret Directive and the impact this will have on international transactions is also closely examined, along with overviews of the laws in common law, civil law and mixed-law countries.The book combines detailed substantive analysis with clear practical guidance on questions such as how businesses can avoid misappropriation and maintain data exclusivity when engaging in global commerce, through the utilization of alternative self-help strategies.Key features:Presents a roadmap for understanding trade secrets, including requirements for, defences to, and remedies.Covers both business-to-business and employment relationships.Authoritative commentary on US and EU trade secrecy laws in addition to coverage of the UK, India, China, Mexico, Brazil, Canada and Japan.Dependable analysis from two leading scholars in the field.Practical advice on overcoming the challenges businesses face when engaging in international transactions, including strategies for avoiding misappropriation.Clear guidance on enforcement mechanisms and litigation procedure.This well-organized reference work will benefit legal practitioners in the commercial field across many jurisdictions, particularly those advising on business transactions or implementing protection strategies for trade information. Policymakers will find the definition of trade secret law characteristics for multiple countries, alongside the consideration of the proposed EU Trade Secret Directive, pragmatic and informative.
3 838 kr
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The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms.Key features include:A comprehensive overview of legal and policy-related issuesA blend of approaches underpinning strategic considerations with analytical rigourRegional coverage of the key characteristics of trademark transactions in a range of jurisdictionsAuthorship from renowned trademark expertsPractitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field.Contributors: L. Anderson, N. Binctin, G. Bühler, R. Burrell, I. Calboli, C. Czychowski, L. Dal Molin, R.P. D'Souza, D.J. Gervais, S. Ghosh, J.C. Ginsburg, H. Guo, M. Handler, M. Höpperger, R. Jacob, S.H.S. Leong, C. Manara, J.-F. Maraia, R. Mittal, X.-T. Nguyen, A. Nordemann, M. Senftleben, S. Teramoto, J.C. Vaz e Dias, J. de Werra, N. Wilkof, D. Yokomizo
2 782 kr
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In today's legal environment, copyright licensing requires an international perspective. Licensors in both emerging and developed markets must have a detailed understanding of cross-border practices. Cross-Border Copyright Licensing provides a select guide to copyright licensing practices in a number of jurisdictions, addressing key cross-border considerations.Key features include:chapter by chapter analysis of licensing legislation in the most frequently encountered jurisdictions including: China, the EU, India, Mexico, Russia, Singapore, South Africa and the USAdiscussion of the inter-relation between copyright licensing and competition lawclear delineation of the most relevant and critical legal issues relating to licensing practice across the named jurisdictions allowing for ease of referencecontributions from expert practitioners with invaluable first hand knowledge of international licensing practices.This book will prove a valuable resource for lawyers who are implementing or enforcing a copyright licensing scheme, acting as a first point of reference on cross-border issues. Scholars of Intellectual Property will also find the text to be a useful guide on international regulations and practices.Contributors include: A. Apostolidis, H. Blignaut, K. Golish, P.G. Granados, E. Hochstadt, B. Kalra, B. Lindner, R. Lukyanov, T. Misra, L.C. Nian, D.S. Nocetti, J.B. Nordemann, T. Pattloch, S. Rab, A. Risely, W. Strong, K. Sysoeva, K. Tsuru
Intellectual Property Jurisdiction Strategies
Where to Litigate Unitary Rights vs National Rights in the EU
Inbunden, Engelska, 2017
2 390 kr
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This timely and practical guide compares the jurisdictional advantages of litigating a national IP right with those of the corresponding European unitary IP right. The study offers IP practitioners a meticulous yet principled basis for their jurisdictional decisions and shows why it is advantageous for infringers to litigate based on a national IP right and rightholders to litigate based on a European unitary IP right.Key features include:the first book to focus on jurisdiction strategies in intellectual property litigationcoverage of intellectual property and private international lawanalysis of the latest case law of national courts and the European Court of Justice including, Case C-523/10, Wintersteiger and Case C-360/12, Coty Prestigehelpful diagrams and tables providing easy access to key information and decision pointsa state-of-the-art overview of the relevant legal framework, including the Unified Patent Court Jurisdiction and the new European Union Trademark Regulation.Intellectual Property Jurisdiction Strategies is an essential resource for intellectual property practitioners throughout the EU. It will also appeal to advanced students and academics needing an up-to-date reference for research into intellectual property law and policy.
Copyright in the Information Society
A Guide to National Implementation of the European Directive: Second Edition
Inbunden, Engelska, 2019
4 563 kr
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This substantially revised second edition evaluates the Directive on Copyright in the Information Society and its interpretation by the European Court of Justice in the light of its implementation and application in the EU's 28 member states. Following the initial implementation of the Directive, many member states have enacted further legislation to supplement or refine their earlier implementation: this edition will take these important developments into account.Key features of the updated second edition include:Chapters authored by experts from all 28 member states, providing detailed analysis on how the Directive has been implemented and applied on a national levelContextual chapters on the relevant WIPO treaties and the Directive that highlight areas of discretion left to national legislatorsUpdated review of the European Court's case law that serves to interpret the DirectiveExpanded foreword by Dr Jörg Reinbothe, the architect of the Directive.Combining practical information on implementation of the Directive with the latest academic research this book will be of great value to policy makers, practising lawyers and researchers alike. The book will be of particular interest for the further development of copyright in the Digital Single Market since it captures the status quo of copyright protection in the member states at a decisive moment in the legislative debate. Contributors include: P. Adamsson, P. Akester, T. Aplin, S.L. Azzopardi, J. Bordans, A. Demetriades, W.Z. Dziomdziora, S. Ercolani, N. Epaminonda, M. Ficsor, P.M. Grimaud, K. Harenko, E. Ivanauskiene, J. Jost, G. Kadlecová, P. Kamina, V. Krizova, M.G. León, B. Lindner, K. Manhaeve, B. Michaux, V. Näslund, S. Olsovsky, F. Philapitsch, A. Quaedvlieg, L. Scales, M. Schaefer, T. Schiltz, P. Schønning, T. Shapiro, V. Sokolov, M. Trampuz, E. Vagena, M. Valousek, I. Veiksa, M. Voican, R.M. Vuckovic
3 793 kr
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Carefully authored by Justine Pila, this significantly revised and expanded third edition of Catherine Seville’s classic text, presents a thorough and detailed treatise on EU intellectual property (IP) law, taking into account the many developments in legislation and case law since the second edition.As well as setting out the legal framework for the main IP rights – copyright, patents, designs, trademarks, and related rights – the book examines the enforcement of IP rights, and the relationship of IP with the EU’s rules on the free movement of goods and competition. It also addresses the increasingly global exploitation of IP, while harmonisation remains partial, even at the EU level.This authoritative reference work is a rigorous and precise account of these complex and technical fields. It will be an essential resource for both practitioners and scholars in the field of IP.Key Features:Significantly updated and expanded since the second editionPrecise and eloquent examination of all IP rights in the EUCoverage of the interaction between EU, National and International lawsA key reference work for practitioners and academics
- Nyhet
3 552 kr
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This thoroughly revised second edition presents a comprehensive assessment of the revised patent law and related secondary legislation in the People’s Republic of China (PRC). It examines the latest policy and patent law related aspects in Greater China to reveal valuable insights into the evolving legal landscape. Highly experienced professionals in the field provide practical guidance on the latest practices in technology transfer, patent prosecution, the reformed employee inventions system in the PRC and patent litigation.Key Features:Evaluates China’s latest patent policy and strategyGives important insights on the latest developments concerning substantive patent law, as well as PCT and national patent application proceduresAnalyzes emerging issues around standard-essential patents which are gaining traction in an increasingly globalized systemExplores developments in patent law in relation to specific areas, such as the pharmaceutical industry, as well as software- and AI-related inventionsDraws on extensive case law to shed light on claims interpretation and patent enforcement issues, including infringement and invalidation proceedings, dual enforcements by courts and administrative authoritiesExplains the latest developments in utility model and design protectionCovers the latest patent system developments in the Special Administrative Regions of Hong Kong, Macao and Chinese Taipei, encompassing the entire Greater China region This updated edition of Patent Law in Greater China is an essential resource for lawyers, patent attorneys and other practitioners, as well as policymakers active in the region with an interest in the broader context of patents as key intellectual property rights in an increasingly technology driven world.
3 235 kr
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This book provides a systematic overview of recent German case law on the fair, reasonable, and non-discriminatory (FRAND) licensing of standard-essential patents (SEP). Principal SEP/FRAND concepts are demonstrated and analysed, such as willingness to license, the FRAND offer, reaction duties and the counteroffer, FRAND-compliance of royalties, portfolio transfers, confidentiality disputes and damages. Global forward-looking topics are also considered in relation to German developments, including alternative dispute resolution and anti-suit/anti-anti-suit injunctions. Key Features:Provides clear and detailed analysis on the latest developments in German FRAND/SEP case law, giving readers access to case law which has not previously been available in English.Contextualises German SEP/FRAND case law from an international perspectiveExamines the competing approaches to SEP/FRAND issues in prominent jurisdictionsPresents insightful commentary on how thought leaders and decision-makers perceive the future of SEP/FRAND licensingThis book is essential for legal practitioners in competition law and patent law, particularly judges seeking a readily accessible source of information on this evolving body of law. It is also beneficial to scholars of competition and antitrust law and intellectual property law.
3 808 kr
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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.
2 270 kr
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Written by an experienced European Patent Attorney and scholar, this book sets out in detail the framework for protection of pharmaceutical innovation under the SPC Regulation. With a focus on both biotechnological innovation and secondary innovation, and through extensive reference to the case law, Ulla Klinge surveys the court’s evolving interpretation of legal and technical eligibility for this extended term of protection. This book provides clear and pragmatic tools to reflect and guide future practice, while offering key explanations and insights as to why and how technological developments challenge the legal SPC framework.Key Features:Broad, practitioner-oriented approach offers a useful source of reference alongside practical guidanceAnalysis of SPC case law in light of developments in pharmaceutical technology, including both legal and technical aspects of the casesExamination of the lack of clarity in interpretation of the legislation and how this might be exploited by stakeholders Pharmaceutical Patents under the SPC Regulation is an indispensable practical resource for patent law practitioners, including patent attorneys and attorneys-at-law in the SPC field. It will also prove useful to national patent authorities, legislators, and academics working at the intersection between pharmaceuticals and legal research.
2 451 kr
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This book covers a broad range of legal topics relating to the fields of bioinformatics and medical informatics, which relate to the intersection of biomedical information and computer programming within the contexts of scientific research, product development and healthcare delivery. A number of usually distinct bodies of legal doctrine come together in this area, sometimes overlapping, sometimes colliding in unexpected ways. Key issues discussed in the book include: An overview of the current landscape of bioinformatics and medical informaticsA focus on the legal issues arising from the development and acquisition of informatics tools for use in a laboratory or healthcare settingDevelopments in patent and innovation law that are important for informatics applicationsA discussion of institutions and collaborative arrangements in which informatics applications are developed and used todayData protection and privacy issues applicable to informatics applications in the U.S. and Europe. While no single work can cover the entire set of legal issues arising from large, dynamic and complex fields such as bioinformatics and medical informatics, this book strives to offer the reader insight into some of the major legal trends and considerations applicable to these fields today.
Intellectual Property in the Conflict of Laws
The Hidden Conflict-of-law Rule in the Principle of National Treatment
Inbunden, Engelska, 2022
3 114 kr
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The world of intellectual property (patents, trade marks, copyrights, et cetera) is becoming increasingly international. More and more frequently, disputes about intellectual property have an international character. This inevitably raises questions of private international law: which national court is competent to adjudicate an international dispute of this kind? And which national law should be applied to an international case of this kind? Since the 1990s, the first question in particular has attracted attention; in recent years, the focus has shifted to the second question: which national law is applicable? Opinions differ widely on this matter today. The controversy focuses on the question whether the Berne Convention and the Paris Convention, the two most important treaties on intellectual property, contain a rule that designates the applicable law. In other words: do these treaties contain a 'conflict-of-law rule' as it is called? This question, which concerns nearly all countries in the world, is nowadays considered to be ‘heftig umstritten’ (fiercely contested) and ‘très difficile’ (very difficult). And that is where we come across something strange: today it may be fiercely contested whether these treaties contain a conflict-of-law rule, but in the past, for the nineteenth-century authors of these treaties, it was perfectly self-evident that these treaties contain a conflict-of-law rule, namely in the ‘principle of national treatment’ as it is called. How is that possible? These are the fundamental questions at the heart of this book: does the principle of national treatment in the Berne Convention and the Paris Convention contain a conflict-of-law rule? And if so, why do we no longer understand this conflict-of-law rule today?This book is an English translation of Sierd J. Schaafsma’s groundbreaking book, which appeared in Dutch in 2009 (now updated with the most significant case law and legislation).Key features include:provides deep insight into the current state of affairs in international intellectual property lawextensive and groundbreaking analysis of the principle of national treatment in the Berne Convention and the Paris Conventiondetailed and authoritative explanation of the intersection of the conflicts of law and intellectual property law.