Download or read book Patents as an Incentive for Innovation written by Rafal Sikorski and published by Kluwer Law International B.V.. This book was released on 2021-02-16 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patents as an Incentive for Innovation Edited by Rafal Sikorski & Zaneta Zemla-Pacud Patents are a reward for human inventiveness. A well-functioning patent system must provide incentives for innovation, safeguard dynamic competition and protect the public interest – a balancing act fraught with difficulty in the ‘connected’ global world. This ground-breaking book is the first to deeply analyse how patent law today performs its function of stimulating innovation in the crucial sectors of healthcare, agriculture, artificial intelligence and communications technology. Patent specialists, practitioners and scholars from various jurisdictions thoroughly describe how patent rights can be deployed to incentivize investments in researching and developing socially critical innovations without sacrificing the public’s interest in sharing the benefits that are produced. Among the emerging issues of patent rights investigated are the following: protectability and morality of according private rights over material derived from the human body; licensing on fair, reasonable and non-discriminatory (FRAND) terms; the supplementary protection certificate (SPC) manufacturing waiver; patent eligibility of artificial intelligence-related inventions; excessive enforcement of patents by patent assertion entities; enforcement of second medical use innovations; the so-called farmer’s privilege, the farm-save seed exemption, and breeders’ rights; international trade regulations and their influence on patent systems; human enhancement technologies and the consequences of patenting them; specifics of patent protection for biologic medicines; challenges posed by artificial intelligence for the disclosure requirement in patent law; and standard essential patent licensing, particularly in the context of the 5G standard. Perspectives taken into consideration by the authors include protectability criteria, length and scope of the granted protection, mechanisms for dealing with the friction between generalized application and specialized concerns, and rights enforcement. These aspects are analysed on the domestic, international and global levels. The COVID-19 pandemic has highlighted the urgent need to strike the right balance between innovation and access in healthcare and other technologies, a need rooted in patent law. Because the problems discussed – and solutions offered – in this collection of expert essays are of tremendous practical and cultural significance, the book will be of immeasurable value to practitioners, policymakers and researchers in patent law and other fields of intellectual property law.
Download or read book New Developments in EU and International Copyright Law written by Irini A. Stamatoudi and published by Kluwer Law International B.V.. This book was released on 2016-02-23 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than a source of income and a means of protection for creators, rightholders, and the creative and entertainment industries, copyright is also a vehicle for technological advances and economic development. In the European Union, industries with intensive emphasis on intellectual property rights (mainly copyright) generate more than a quarter of employment and more than a third of economic activity. Yet copyright continues to be plagued by problematic attempts to balance the interests of rightholders, the public, consumers, intermediaries, collecting societies, different national legal traditions, and other forces, European and global. This book draws a comprehensive picture of current, pending, and proposed copyright developments – legislation, ‘communications,’ white papers, and court decisions – at the levels of the European Union and the World Intellectual Property Organization. Twenty-two well-known and prestigious experts on intellectual property law from seventeen jurisdictions worldwide contribute essays on particular trends in copyright, including discussions of the following and more: - making content available in an EU digital single market; - collective management and multi-territorial licensing; - exceptions for libraries and archives, education and research; - traditional knowledge and cultural expressions; - unjustified geoblocking; - illegal content on the Internet; - text and data mining; - copyright enforcement online; and - role of the European Court of Justice. Policy recommendations are also set forth, as well as a detailed conceptual framework for a potential EU Copyright Code. As a detailed and thoughtful overview of current trends in copyright internationally, this book has no peers. It is sure to be welcomed by practitioners, policymakers, academics, researchers, and business leaders for whom intellectual property rights, and especially copyright, are of the first importance.
Download or read book Trade Mark Use written by Jeremy Phillips and published by . This book was released on 2005 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Use' is a concept which is fundamental to modern trade mark law, within the European Union, the US and elsewhere. The use concept is ubiquitous, since it must be understood before even basic issues of registrability, infringement and validity can be resolved. This book analyses the concept of 'use' in trade mark law by tracing it at every stage of a trade mark's lifecycle. Topics covered include The Concept of Use, Registration, Exploitation, Infringement, and Death of a Trademark. It focuses primarily on European trade mark law, but also examines key aspects of US and international law. It is an invaluable information source if you or your client: (i) want to register a trade mark; (ii) are accused of infringing it; (iii) want to prove that, through use, the mark is entitled to remain on the register; (iv) want to make money from using the mark and (v) want to argue that another person's mark should not remain registered. Provides concise, analytical coverage of all aspects of trade mark use Logically divided into areas of modern practice This central aspect of trade mark law and practice has never before received such focused treatment Written by an accomplished team of both practitioners and academics, it provides valuable insights into practice while giving succinct analysis of case law in the light of legal principles Exposes new angles on what is currently one of trade mark law's most topical areas Contents:Foreword Part A: Introduction 1 Jeremy Phillips and Ilanah Simon: Introduction Part B: The Concept of Use 2 Bojan Pretnar: Use and Non-Use in Trade Mark Law 3 Jennifer Davis: The Need to Leave Free for Others to Use and the Trade Mark Common Part C: Registration 4 Arnaud Folliard-Monguiral: Distinctive Character Acquired through Use: The Law and the Case Law 5 Anna Carboni: Distinctive Character Acquired through Use: Establishing the Facts 6 Thomas Hays: Distinguishing Use versus Functional Use: Three-Dimensional Marks Part D: Exploitation 7 Neil J. Wilkof: Third Party Use of Trade Marks 8 Massimo Sterpi: Trade Mark Use and Denominative Trade Marks 9 Jeffrey Belson: Use, Certification and Collective Marks Part E: Infringement 10 Robert Sumroy and Carina Badger: Infringing 'Use in the Course of Trade', Trade Mark Use and the Essential Function of the Trade Mark 11 Ashley Roughton: Permitted Infringing Use: The Scope of Defences to an Infringement Action 12 Andreas Rahmatian: Infringing Use of a Trade Mark as a Criminal Offence Part F: Death of a Trade Mark 13 Belinda Isaac: Use for the Purpose of Resisting an Application to Revoke for Non-Use 14 Allan James: The Requirement for Evidence of Use of Earlier Trade Marks in Opposition and Invalidation Proceedings Part G: Broader Perspectives 15 Spyros Maniatis: Trade Mark Use on the Internet 16 Gail E Evans: TRIPs and Trade Mark Use 17 Graeme B. Dinwoodie and Mark D Janis: Use, Intent to Use and Registration in the USA 18 Sheldon H Klein and N Christopher Norton: The Role of Trade Mark Use in US Infringement, Unfair Competition and Dilution Proceedings Part H: Post Mortem 19 Jeremy Phillips and Ilanah Simon: Conclusion: What Use is Use?Index
Download or read book Basic Facts about Trademarks written by and published by . This book was released on 1989 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trademarks and Their Role in Innovation Entrepreneurship and Industrial Organization written by Carolina Castaldi and published by Routledge. This book was released on 2021-06-14 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trademarks are the most widely used intellectual property right by companies worldwide. Their strategic importance is increasing, as reputational assets become more relevant for companies than ever, in national and global markets. Trademarks also represent key tools for companies to profit from innovation and can make the difference for start-ups and entrepreneurial firms by allowing them to gain legitimacy and fostering fund raising from investors. This book Trademarks and Their Role in Innovation, Entrepreneurship and Industrial Organization takes stock of the emerging academic research on how companies use trademarks. It collects a rich set of contributions from several research perspectives and disciplines and proposes an integrated view bridging different levels of analysis: individual, firm, industry, and country level. Specifically, the book combines an industrial organization, innovation, and entrepreneurship perspective to understand why, when and with what effects entrepreneurs, innovators, and firms use trademarks. The book is targeted toward academic readers to gain a better understanding of the emerging and interdisciplinary field of trademark research as well as interested practitioners from the area of intellectual property (IP) management and policy-making. The chapters in this book were originally published in Industry and Innovation.
Download or read book McCarthy on Trademarks and Unfair Competition written by J. Thomas McCarthy and published by Clark Boardman Callaghan. This book was released on 1996 with total page 1186 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Things to Know about Trade marks written by J. Walter Thompson Company and published by . This book was released on 1911 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Protection of Non Traditional Trademarks written by Irene Calboli and published by Oxford University Press. This book was released on 2019-01-11 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a detailed analysis of the issues related to the protection of non-traditional marks. In recent years, the domain of trademark law and the scope of trademark protection has grown exponentially. Today, a wide variety of non-traditional marks, including colour, sound, smell, and shape marks, can be registered in many jurisdictions. However, this expansion of trademark protection has led to heated discussions and controversies about the impact of the protection of non-traditional marks on freedom of competition and, more generally, on socially valuable use of these or similar signs in unrelated non-commercial contexts. These tensions have also led to increasing litigation in this area across several jurisdictions. This book provides an overview of the debate and state of the law surrounding non-traditional marks at the international, regional, and national level. In particular, this book addresses relevant international treaties administered by the World Intellectual Property Organization (WIPO) and the Agreement on Trade-Related Aspects to Intellectual Property Rights (TRIPS) as well as several regional and national legislations and leading judicial decisions in order to examine current law and practice culminating in critical reflections and suggestions on the topic. This is an open access title available under the terms of a CC BY-NC-ND 3.0 licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
Download or read book Genuine Use of Trademarks written by Eléonore Gaspar and published by Kluwer Law International B.V.. This book was released on 2021-08-18 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the issue of trademark use that may be required for the protection and/or maintenance of trademark rights. Since the first edition of this book in 2018, there have been significant modifications in some countries, particularly, following the implementation of EU Directive 2015/2436 in the EU countries. Laws around the world do not attach the same consequence to the lack of use of a trademark, and courts do not always assess in the same way whether a trademark is genuinely used. This is a fundamental issue for trademark owners since, depending on the jurisdiction, lack of genuine use can lead to the refusal of trademark registration, the revocation of trademark rights, or prevent the owner of a non-used trademark from initiating an action based on its trademark. This detailed analysis provides clarity, insight, and guidance on the legal issues and practical implications of genuine use of trademarks in twenty-six jurisdictions worldwide. This book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. This topic was the subject of an AIPPI study, and its subsequent Resolution – The Requirements of Genuine Use of Trademarks for Maintaining Protection (2011, Hyderabad) – which aims to harmonize this issue of genuine use of trademarks. The authors of the chapters for each jurisdiction were carefully selected based on their extensive experience and in-depth knowledge of trademark protection in their respective jurisdictions. Each chapter considers issues and topics such as the following: types of use that qualify as genuine use of a trademark, including requirements as to whether uses are consistent with the function of the trademark or made in the course of trade; requirements as to the volume, duration, and frequency of use; impact of the trademark’s designation of goods and services; issues relating to the sign used, particularly, if it is used in a different form from the registered trademark (this includes consideration of alteration of the distinctive character, or the potential impact of a plurality of registered trademarks for different signs, or the question of use in black and white or in colour); proof to be provided to evidence genuine use as a trademark, including issues of timing and territory; situations in which the issue of genuine use can be of importance; valid reasons for non-use; consequences of lack of use depending on the context, including possible revocation of trademark rights; and case law examples. As a comparative law study and a collection of contributions from around the world on a key issue of trademark law, this book is of tremendous practical interest. Trademark owners, parties involved in or contemplating enforcement proceedings, and interested legal practitioners will benefit greatly from its thorough comparative analysis and guidance. It is also exceptionally valuable as a comprehensive resource for academics and researchers interested in the international harmonization of trademark law.
Download or read book Introduction to Intellectual Property written by Kerry Bundy and published by . This book was released on 2021-02-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction to Intellectual Property provides a clear, effective introduction to patents, copyright, trademarks, and trade secrets. The text may be used by students and instructors in formal courses, as well as those applying intellectual property considerations to entrepreneurship, marketing, law, computer science, engineering, design, or other fields. The luminaries involved with this project represent the forefront of knowledge and experience, and the material offers considerable examples and scenarios, as well as exercises and references.
Download or read book Trade Marks and Brands written by Lionel Bently and published by Cambridge University Press. This book was released on 2011-03-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developments in trade marks law have called into question a variety of basic features, as well as bolder extensions, of legal protection. Other disciplines can help us think about fundamental issues such as: what is a trade mark? What does it do? What should be the scope of its protection? This volume assembles essays examining trade marks and brands from a multiplicity of fields: from business history, marketing, linguistics, legal history, philosophy, sociology and geography. Each chapter pairs lawyers' and non-lawyers' perspectives, so that each commentator addresses and critiques his or her counterpart's analysis. The perspectives of non-legal fields are intended to enrich legal academics' and practitioners' reflections about trade marks, and to expose lawyers, judges and policy-makers to ideas, concepts and methods that could prove to be of particular importance in the development of positive law.
Download or read book Infected written by Scott Sigler and published by Crown. This book was released on 2008-04-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: A terrifying thriller that will crawl beneath your skin . . . and leave fresh blood on every page. “Fraught with tension . . . Invasion of the Body Snatchers meets The Hot Zone.”—Rocky Mountain News Across America a mysterious disease is turning ordinary people into raving, paranoid murderers who inflict brutal horrors on strangers, themselves, and even their own families. Working under the government’s shroud of secrecy, CIA operative Dew Phillips crisscrosses the country trying in vain to capture a live victim. With only decomposing corpses for clues, CDC epidemiologist Margaret Montoya races to analyze the science behind this deadly contagion. She discovers that these killers all have one thing in common—they’ve been contaminated by a bioengineered parasite, shaped by a complexity far beyond the limits of known science. Meanwhile Perry Dawsey—a hulking former football star now resigned to life as a cubicle-bound desk jockey—awakens one morning to find several mysterious welts growing on his body. Soon Perry finds himself acting and thinking strangely, hearing voices . . . he is infected. The fate of the human race may well depend on the bloody war Perry must wage with his own body, because the parasites want something from him, something that goes beyond mere murder.
Download or read book A Practical Guide to Trade Mark Law written by Amanda Michaels and published by . This book was released on 1996 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This introduction to the commercial use of brands and trade marks has been revised and updated to incorporate developments in UK law with particular reference to legislation concerning service marks as introduced by the Trade Marks (Amendment) Act 1984 and the Patents Designs and Trade Marks Act 1986. It deals with the use of trade marks in commercial practice as well as the registration and legal remedies available to the trade mark owner. The book includes a number of illustrations showing the variety of uses for trade marks, plus products which are counterfeit or infringe the regulations.
Download or read book What is a Trademark written by and published by . This book was released on 1995 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Making a Mark An Introduction to Trademarks for Small and Medium Sized Enterprises written by World Intellectual Property Organization and published by WIPO. This book was released on 2004-10-12 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: This guide is the first in a series of guides on “Intellectual Property for Business.” It is devoted to trademarks, a central element in the marketing and branding strategy of any company. It seeks to explain trademarks from a business perspective.
Download or read book U S Trademark Law written by and published by . This book was released on 1999 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Cambridge Handbook of International and Comparative Trademark Law written by Irene Calboli and published by Cambridge University Press. This book was released on 2020-09-24 with total page 1176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. Trademark law therefore demands that practitioners, policy-makers and academics understand principles of international and comparative law. This handbook assists in that endeavour, with chapters describing and critically analyzing international and regional frameworks, and providing comparative perspectives on the substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Additionally, this handbook covers other jurisdictions, both common law and civil law, on the Asia-Pacific, African, and South American continents. This work should be read by anyone seeking a better understanding of trademark law around the world.
