Concise European Patent Law


Book Description

In our technological society patent law plays a central role as an incentive for the development and marketing of new technologies in many fields of business. The number of patent applications continues to grow considerably every year. International and European conventions and other instruments have been implemented in order to simplify the application for and enforcement of patents and which also govern the scope of protection afforded by a patent in Europe. Others are being planned. This second edition of Concise European Patent Law aims to offer the reader a rapid understanding of all the provisions of patent law in force in Europe that have been enacted at the European and international levels. This volume takes the form of an article-by-article commentary on the European Patent Convention and the relevant European Community legislation and international treaties. It is intended to provide the reader with a short and straightforward explanation of the principles of law to be drawn from each provision, with references to the most important case law. Editors and authors are prominent specialists (both academics and practitioners) in the field of international and European patent law. Concise European Patent Law, second edition is one of a series of volumes of commentary on European Intellectual property legislation edited by Thomas Dreier, Charles Gielen and Richard Hacon, based on the respected German and Dutch series ‘Kurzkommentar and Tekst en Commentaar.’




Concise European Trade Mark Law


Book Description

The sweeping changes brought about in 2017 to practice and procedures in European Union trade mark law have precipitated a new edition of this much relied-upon guide to the field. This is the first book to provide comprehensive guidance to the new EU Trade Mark Regulation, including full details on all aspects of substance and procedure, as well as to the new Trade Mark Directive. This new and significantly expanded edition, which builds on the two previous editions of the Concise European Trade Mark and Design Law, includes the full texts of the new Implementing and Delegated Acts – available in no other book – as well as a collection of other texts that are needed in daily practice, such as excerpts from the Rules of Procedure of the General Court, the Paris Convention, the Madrid Protocol and the Nice Agreement, the Nice Classification, the TRIPS Agreement and the Directive on Enforcement of IP Rights. Providing a complete commentary and a full set of the legal provisions that must be dealt with on a daily basis, obviating recourse to other sources, this new edition will be welcomed by anyone with an interest in the law and practice of trade marks in the European Union.




European Intellectual Property Law


Book Description

'This clearly-written and comprehensive text, by two leading scholars of European intellectual property law, is extremely adaptable. It is a perfect platform for classroom teaching, and is also a fine resource for those researching in what is becoming an increasingly complex field.' – Graeme B. Dinwoodie, University of Oxford, UK 'This hybrid volume, part commentary, part primary sources, with questions to stimulate further thinking, serves both as a teaching tool and as a manual for lawyers who seek a comprehensive overview of EU intellectual property law. The book aims at a generalist legal audience, with very a helpful précis of international law, including the major multilateral treaties, as well as a summary of the EU legal framework that non-Europeans will find highly useful. The authors explore the full range of traditional and emerging IP rights. They also provide in-depth analysis of remedies and of the international private law issues that increasingly arise in contemporary complex IP litigation.' – Jane Ginsburg, Columbia Law School, US The first of its kind, this textbook has been carefully designed to give students and non-specialist practitioners a clear understanding of the fundamentals of European intellectual property law. Providing a comprehensive overview of both community IP rights, and areas of IP law that have been harmonised, and supported by judicious use of extracts from the most significant source material, the book assists the reader in navigating through the increasingly complex European IP system. European Intellectual Property Law deals with European patent, trade mark and copyright law copyright, as well as with adjacent areas such as protection of plant varieties, geographical indications, industrial design, competition law, enforcement, and private international law, with a focus on the most relevant case law to be found in those areas. Key Features: • Written by two of the leading authorities in European IP law • Concise and readable style • Extracts from key source material • Questions designed to stimulate thinking around legal problems • Coverage of related areas adjacent to IP • Offers an overview on international IP protection and the interrelation between European law and IP law in general. This detailed book is designed for all courses on European intellectual property, whether basic or advanced, as well as for practitioners looking for a comprehensive and concise overview on the structure and content of European IP law.




European Intellectual Property Law


Book Description

The second edition of this popular textbook has been thoroughly revised, expanded and updated in order to reflect the recent extensive changes in European IP legislation. Providing an in-depth examination of the core areas of IP law, from copyright, patents and trademarks through to the protection of plant varieties and industrial design, it is perfectly pitched to guide the reader through the complexities of the European IP system.




European Patent Law


Book Description

This text provides an analysis of European patent law and procedure (including practice under the PCT) and examines the provisions and case-law of the European Patent Convention, the Patent Law Treaty, and Community Patent.




Concise International and European IP Law


Book Description

Beyond specificities of each intellectual property right, some principles and rules are common to all or several intellectual property rights. Therefore certain statutory provisions enacted at European or international levels are of great importance for all or various intellectual property rights. Intellectual property is one of the branches of law where the international harmonization started the earliest thanks to international conventions (e.g. the Paris Convention of 20 March 1883 for the Protection of Industrial Property). Harmonization is still at work today (e.g. with the Agreement on Trade-related Aspects of Intellectual Property Rights) and has been carried on to a high degree at a regional level thanks to the secondary legislation of the European Union (especially thanks to directives and regulations). This volume aims to offer the reader a rapid understanding of some of these European or international texts which deal with some general and jurisdictional issues and are very important from a practical point of view. Key features include: * An article-by-article commentary on the relevant international treaties and European instruments * It is intended to provide the reader with a short and straightforward explanation of the principles of law to be drawn from each provision * Editors and authors are all prominent specialists (academics and practitioners) in the field of international and European IP law Concise International and European IP Law - TRIPS, Paris Convention, European Enforcement and Transfer of Technology is part of 'Concise IP', a series of five volumes of commentary on European intellectual property legislation edited by Thomas Dreier, Charles Gielen and Richard Hacon. The formula of this series is based on the successful German and Dutch formula 'KurzKommentar' and 'Tekst en Commentaar'. The five volumes cover: Patents and related matters, Trademarks and designs, Copyrights and neighbouring rights, IT and a general volume including jurisdictional issues.




European Intellectual Property Law


Book Description

European Intellectual Property Law offers a full account of the main areas of substantive European intellectual property law - including the law of copyright and related rights, patents and plant variety rights, trademarks, design rights, and rights in data and information.




Concise European Trade Mark and Design Law


Book Description

Preface --Authors --About the Editors --Introduction --Practical Notes from the Editors --Council Regulation (EC) No 207/2009 as amended by Regulation (EU) 2015/2424 (EU Trade Mark Regulation) --General Provisions (Arts. 1-3) --The Law Relating to Trade Marks --Application for EU Trade Marks --Registration Procedure --Duration, Renewal, Alternation and Division of EU Trade Marks (Arts. 46-49) --Surrender, Revocation and Invalidity --Appeals (Arts. 58-65a) --Specific Provisions on European Union Collective Marks and Certification Marks --Procedure --Jurisdiction and Procedure in Legal Actions Relating to EU Trade Marks --Effects on the Laws of the Member States --The Office --International Registration of Marks --Final Provisions (Arts. 163-167) --EUTMR, Annex I (Fees) --Preamble to Regulation (EU) 2015/2424 --to Regulation (EU) 2015/2424 (Correlation Table CTMIR) --to Proposal for Codified EU Trade Mark Regulation (Correlation Table EUTMR) --Directive (EU) 2015/2436 of the European Parliament and of the Council (Trade Mark Directive) --General Provisions (Arts. 1, 2) --Substantive Law on Trade Marks --Procedures --Administrative Cooperation (Arts. 51, 52) --Final Provisions (Arts. 53-57) --Council Regulation (EC) No. 6/2002 (Community Design Regulation) --The Law Relating to Designs --Community Designs as Objects of Property (Arts. 27-34) --Application for a Registered Community Design --Registration Procedure (Arts. 45-50) --Surrender and Invalidity of The Registered Community Design (Arts. 51-54) --Appeals (Arts. 55-61) --Procedure before the Office --Jurisdiction and Procedure in Legal Actions Relating to Community DesignsTitle IX. Jurisdiction and Procedure in Legal Actions Relating to Community Designs --Effects on the Laws of the Member States (Arts. 95, 96) --Supplementary Provisions Concerning the Office --International Registration of Designs --Final Provisions (Arts. 107-111) --Directive 98/71/EC of the European Parliament and of the Council (Design Directive) --List of Abbreviations --List of Treaties, Legislation and other Documents --List of Cases.




International Licensing Agreements


Book Description

Like any contract, an international licensing agreement spells out the rights and obligations of the contracting parties, manages potential risks and supplies a contingency plan for each party in the event the contractual relationship breaks down. However, international licensing of intellectual property, software or technology confronts the contracting parties with its own distinct challenges. When planning, drafting and negotiating such agreements, it is imperative to know exactly what core issues need to be addressed. This book provides this know-how in an easy-to-use, clear and concise fashion. This expert guide to the complex world of international licensing agreements brings together all the essential materials needed when dealing with such agreements and covers the following: • business models that may be used by the contracting parties; • standard provisions encountered in an array of international licensing agreements; • analysis of the key clauses in various international licensing agreements inter alia trademark, software, franchise and technology licences with provisions as affected by jurisdiction; • effect of competition law in a variety of jurisdictions; • ensuring trademark protection at both national and international levels; • clear explanation of key franchising terminology and disclosure rules; and • effect of international dispute resolution rules in a range of jurisdictions. Alongside detailed contract analysis, the book details numerous case studies from an array of industries, with detailed commentary. Practitioners operating within or representing medium to large firms who normally have to prepare or provide advice on international licence arrangements will quickly find this reference material indispensable. The book’s thorough analysis of this complex area will also be welcomed by professionals working for universities, industry, interest groups, government departments and international organisations.




Concise European Data Protection, E-Commerce and IT Law


Book Description

Since the second edition (2010) of this invaluable book – primary texts with expert article-by-article commentary on European data protection, e-commerce and information technology (IT) regulation, including analysis of case law – there has been a marked shift in regulatory focus. It can be said that, without knowing it, EU citizens have migrated from an information society to a digital single market to a data-driven economy. This thoroughly revised and updated third edition pinpoints, in a crystal-clear format, the meaning and application of currently relevant provisions enacted at the European and Member State levels, allowing practitioners and other interested parties to grasp the exact status of such laws, whether in force, under construction, controversial or proposed. Material has been rearranged and brought into line with the vibrant and constantly shifting elements in this field, with detailed attention to developments (most new to this edition) in such issues as the following: · cybersecurity; · privacy rights; · supply of digital content; · consumer rights in electronic commerce; · Geo-blocking; · open Internet; · contractual rules for online sale of (tangible) goods; · competition law in the IT sectors; · consumer online dispute resolution; · electronic signatures; and · reuse of public sector information. There is a completely new section on electronic identification, trust and security regulation, defining the trend towards an effective e-commerce framework protecting consumers and businesses accessing content or buying goods and services online. The contributors offer a very useful and practical review and analysis of the instruments, taking into account the fluidity and the transiency of the regulation of these very dynamic phenomena. This book will be quickly taken up by the myriad professionals – lawyers, officials and academics – engaged with data protection, e-commerce and IT on a daily basis.