Download or read book Parallel Trade in Europe written by Christopher Stothers and published by Bloomsbury Publishing. This book was released on 2007-04-02 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shortlisted for the 2008 Young Authors Inner Temple Book Prize Are parallel importers the key to free trade, breaking down long-established national barriers for the benefit of all? Or do they instead just operate in a dubious 'grey market' for their own profit, free-loading on the investment of innovators and brand owners to the ultimate detriment of everyone? Parallel trade is in turn lionised and demonised, both in legal commentary and in the mainstream press. As one might expect, the truth lies somewhere between these extremes. Once goods have been manufactured they are put onto the market in one country by the manufacturer. Parallel trade occurs when the goods are subsequently transferred to a second country by another party (the parallel trader, who may be the end consumer). The distinguishing feature of parallel trade is that the manufacturer did not intend those particular goods to end up in the second country. The goods are normally described in that country as 'parallel imports' or 'grey market goods'. The latter term is generally used to suggest that the trade, while not exactly 'black market', is not entirely lawful either. Understanding how European Community law operates to permit or restrict parallel trade involves exploring a complex matrix of rules from the fields of free movement, intellectual property, competition and regulatory law, including both private and public enforcement regimes. Where goods are parallel imported from outside the Community these rules change and new considerations come into play, such as obligations arising from the European Economic Area, the World Trade Organization and bilateral free trade agreements. The experience of Europe, which has grappled with the issues on a regional basis for more than four decades, provides a fertile source for examination of parallel trade in other jurisdictions. Christopher Stothers' comprehensive treatment successfully analyses this difficult topic, considering both Community and national decisions.

Download or read book The Interface Between Intellectual Property Rights and Competition Policy written by Steven D. Anderman and published by Cambridge University Press. This book was released on 2007-05-10 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to examine the experience of a number of countries in grappling with the problems of reconciling the two fields of competition policy and intellectual property rights. The first part of the book indicates the variation in legislative models as well as the wide variety of judicial and administrative doctrines that have been used. The jurisdictions selected for study are the three major trading blocks with the longest experience of case law (the EU, the USA and Japan) and three less populous countries with open economies (Australia, Ireland and Singapore). In the second part of the book we look at a number of issues closely related to the interface between competition law and intellectual property rights. Separate chapters analyse the issue of parallel trading and exhaustion of IPRs, the issue of technology transfer, and the economics of the interface between intellectual property and competition law.

Download or read book Legislation to Amend the Lanham Trademark Act Regarding Gray Market Goods written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks and published by . This book was released on 1990 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Licensing Intellectual Property written by Robert Gomulkiewicz and published by Aspen Publishing. This book was released on 2023-01-31 with total page 1107 pages. Available in PDF, EPUB and Kindle. Book excerpt: Licensing Intellectual Property: Law & Application is the most popular textbook for teaching the legal underpinnings and the skills of intellectual property licensing, which is one of the core areas of law practice for business and intellectual property lawyers. This book covers: Licensing Transactions for inventions and creative works Contract drafting Intellectual property The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Intellectual property is among the most important and interesting areas of law, thanks to its close link to the technological innovation sweeping society. But it is not enough to simply own patents, copyrights, trademarks, and trade secrets—inventors and creators need to put these intellectual property assets to productive use. Licensing is the most important way to do that. Licensing Intellectual Property: Law and Application provides students of varied backgrounds with an understanding of the legal principles and licensing models available to help clients accomplish their business objectives. This book is for courses focusing on the law of licensing and the application of licensing in practice. In particular, the book’s extensive drafting and client counseling exercises provide students the opportunity to develop their skills. New to the Fifth Edition: Updated material on the intersection between intellectual property licensing and unfair competition Updates on new business models for copyrighted works Updates on laws protecting information and data Professors and students will benefit from: Accessible to students/teachers of varied backgrounds and levels of expertise Explains business context for licensing: what clients want to accomplish and why Covers why licensing is the predominant transaction model for ideas, information, inventions, and creative works Discusses “headline” topics

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 582 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.

Download or read book International Business Transactions written by Daniel C.K. Chow and published by Aspen Publishing. This book was released on 2020-02-02 with total page 1106 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on private international business transactions, International Business Transactions: Problems, Cases, and Materials, Fourth Edition covers the planning, structure, and implementation of transactions in today’s global economy. New to the Fourth Edition: New materials on the International Chamber of Commerce’s Incoterms 2020 coming into effect on January 1, 2020 Additional discussion of China’s new Foreign Investment Law coming into effect on January 1, 2020 A Discussion of the recent U.S. trade sanctions against China and other trading partners and the rise of U.S. economic nationalism Updates regarding recent changes in U.S. tax policy affecting foreign investment, including the Tax Cut and Jobs Act of 2017 Updates to all statistics, tables legislative and treaty changes to the most currently available data Professors and students will benefit from: Compact but comprehensive coverage of the subject. This book covers both international business planning and international litigation. Thorough coverage of the United Nations Convention on International Sales of Goods. Practical knowledge of the types of international business transactions. Knowledge for how to handle international business litigation and arbitration. An understanding of international sales and investment transactions.

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 528 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.

Download or read book The TRIPS Agreement written by Daniel J. Gervais and published by London : Sweet & Maxwell. This book was released on 2003 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides practitioners with in-depth, article-by-article analysis of the TRIPS Agreement. For each article it describes the evolution of the provision and its negotiating history, difficulties in its interpretation and application, and the key points practitioners must consider in their work. In addition, it examines the history and context of the Agreement and assesses its likely impact on the future development of the international intellectual property framework.

Download or read book International Intellectual Property in an Integrated World Economy written by Frederick M. Abbott and published by Aspen Publishing. This book was released on 2024 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Law school casebook on intellectual property in a global context"--

Download or read book International Harmonization of Competition Laws written by Chia-Jui Cheng and published by Martinus Nijhoff Publishers. This book was released on 2023-10-20 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of more than two dozen papers delivered to a symposium on International Harmonization of Competition Laws examines the policies and practices of competition laws in major industrial jurisdictions and emerging industrialized economies such as the host country of the Symposium, the Republic of China on Taiwan. World class scholars and leading enforcement officials contributed to this volume, which examines the difficult issues of harmonizing competition laws. In addition to enhancing the scholarship on a topic of current interest after the Uruguay Round of GATT talks, the book also systematically examines topical issues in competition laws. It thus not only offers policy analysis, but also provides useful discussions of national and regional competition laws. A useful tool on comparative competition laws, this volume should be of interest to academics, practitioners and enforcement officials around the world.

Download or read book Aspen Treatise for Patent Law written by Janice M. Mueller and published by Aspen Publishing. This book was released on 2024-07-19 with total page 1266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Succinct and timely, the 7th Edition of the best-selling PATENT LAW continues to demystify its subject as it explores and explains important cases, statutes, and policy. Approachably written for law students, attorneys, inventors, and laypersons alike, this acclaimed text stands on its own or may be used alongside any patent or IP casebook to support more in-depth study of patent law. New to the 7th Edition: Supreme Court review of bedrock patentability requirements: o Amgen (the Court’s first examination of enablement in nearly 100 years) Supreme Court clarification of long-standing equitable doctrines in patent litigation: o Minerva (assignor estoppel is valid but limited to instances when assignor’s claim of invalidity contradicts representations made in assigning patent) Ongoing, intensive Supreme Court scrutiny of the America Invents Act (AIA), the most significant change to U.S. patent law in 70 years, including: Thryv (Federal Circuit lacks jurisdiction to review PTAB’s § 315(b) time-bar decisions) Arthrex (PTO Director review of PTAB final decisions remedies Constitutional violation in appointment of PTAB judges. The problematic landscape of patent-eligibility jurisprudence under § 101, including Federal Circuit decisions in: American Axle (methods of manufacturing) CareDx (diagnostic methods) Trinity Info Media, Adasa, Killian, Free Stream Media, Uniloc, Rudy (abstract ideas) The challenging application of the cornerstone non obviousness requirement to the burgeoning field of design patents, including the Federal Circuit’s first en banc consideration of a patent case in 5 years: LKQ ​Confronting new questions of novelty, priority, and prior art under the AIA, including Federal Circuit and PTAB decisions in: SNIPR Techs. (enumerating patentability and priority requirements for “pure pre-AIA,” “pure AIA,” and “mixed” patents and applications) Penumbra (when is a patent relied on as § 102(a)(2) prior art entitled to the earlier filing date of its related parent or provisional application) Fine-tuning the scope of AIA IPR estoppel to prevent petitioners from relitigating the same validity issues in federal court, including Federal Circuit decisions in: Cal. Inst. (interpreting “during the IPR”) Ironburg (“skilled searcher” standard) The limited role of extrinsic evidence in patent claim interpretation: Genuine Enabling (rejecting accused infringer’s expert testimony seeking to narrow claim scope via prosecution disclaimer) Allowing assertions of the equitable defense of prosecution history laches against unreasonable and inexcusable prosecution delays, despite compliance with statutory and regulatory requirements: Hyatt, Personalized Media How the European Union’s new Unitary Patent and Unified Patent Court (2023) are revolutionizing international patenting Professors and students will benefit from: Thorough coverage and clear writing that clarifies principal legal doctrines, key judicial authorities, governing statutes, and policy considerations for obtaining, enforcing, and challenging a U.S. patent In-depth treatment and comparison of pre- and post-America Invents Act regimes for novelty and prior art with numerous hypotheticals Timely statistics on patent trends Succinct analysis of multi-national patent protection regimes Helpful visual aids, such as figures, tables, and timelines A sample patent and breakdown of a prosecution history Boldfaced key terms and a convenient Glossary

Download or read book Gray Market Imports written by United States. Congress. Senate. Committee on Finance. Subcommittee on International Trade and published by . This book was released on 1987 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Patent Copyright Trademark written by Richard Stim and published by Nolo. This book was released on 2024-04-15 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: A plain-English guide to intellectual property law Whether you are a creator or a business that deals in intellectual property, understanding the laws that govern your work is critical to success. Nolo’s Patent, Copyright & Trademark is a comprehensive reference on the four branches of intellectual property law: Part 1: Patents Part 2: Copyrights Part 3: Trademarks Part 4: Trade Secrets Each part includes an overview, definitions, and forms for that branch of intellectual property. The overviews include concise explanations of the law and highlights of major developments in the law (court cases, legislation, regulations) since the previous edition. The definitions make up an excellent glossary of intellectual property terms. The forms sections include helpful explanations of registration forms and many sample forms. The 18th edition is completely updated to include the latest Supreme Court decisions in intellectual property cases, new regulations and guidance from the USPTO and the Copyright Office, and the impact of AI on intellectual property law.

Download or read book Trademark Protection and Territoriality Challenges in a Global Economy written by Irene Calboli and published by Edward Elgar Publishing. This book was released on 2014-01-31 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors explore how the rise of international trade and globalization has changed the way trademark law functions in a number of important areas, including protection of well-known marks, parallel imports, enforcement of trademark rights again

Download or read book International marketing in times of sustainability and digitalization written by Erika Graf and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-03-20 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Given today's challenges, companies are confronted with pressing questions: Are marketing and sustainability a contradiction? How can digitalization support marketers beyond digital advertising? These questions must be addressed in an international context since, for most companies, international business is more a reality than just a strategic option as it was just a few decades ago. This book provides insights into the fundamentals of international marketing with a focus on these topics because they are commonplace in today's international marketing. It presents theories and concepts of international marketing in a concise form along with many real-world examples. The book explores how digitalization makes potential connections and advances available to marketing and how marketing can contribute to shaping a more sustainable future. It is a must read for students interested in the topic and managers who are confronted with these challenges. Supplementary materials for the book are available!

Download or read book Food Fraud Prevention written by John W. Spink and published by Springer Nature. This book was released on 2019-10-18 with total page 665 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook provides both the theoretical and concrete foundations needed to fully develop, implement, and manage a Food Fraud Prevention Strategy. The scope of focus includes all types of fraud (from adulterant-substances to stolen goods to counterfeits) and all types of products (from ingredients through to finished goods at retail). There are now broad, harmonized, and thorough regulatory and standard certification requirements for the food manufacturers, suppliers, and retailers. These requirements create a need for a more focused and systematic approach to understanding the root cause, conducting vulnerability assessments, and organizing and implementing a Food Fraud Prevention Strategy. A major step in the harmonizing and sharing of best practices was the 2018 industry-wide standards and certification requirements in the Global Food Safety Initiative (GFSI) endorsed Food Safety Management Systems (e.g., BRC, FSSC, IFS, & SQF). Addressing food fraud is now NOT optional – requirements include implementing a Food Fraud Vulnerability Assessment and a Food Fraud Prevention Strategy for all types of fraud and for all products. The overall prevention strategy presented in this book begins with the basic requirements and expands through the criminology root cause analysis to the final resource-allocation decision-making based on the COSO principle of Enterprise Risk Management/ ERM. The focus on the root cause expands from detection and catching bad guys to the application of foundational criminology concepts that reduce the overall vulnerability. The concepts are integrated into a fully integrated and inter-connected management system that utilizes the Food Fraud Prevention Cycle (FFPC) that starts with a pre-filter or Food Fraud Initial Screening (FFIS). This is a comprehensive and all-encompassing textbook that takes an interdisciplinary approach to the most basic and most challenging questions of how to start, what to do, how much is enough, and how to measure success.

Download or read book 108 1 Hearing Intellectural Property Crimes Are Proceeds From Counterfeited Goods Funding Terrorism July 16 2003 written by and published by . This book was released on 2004 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: