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The Software Interface Between Copyright And Competition Law

Author: Ashwin van Rooijen
Publisher: Kluwer Law International
ISBN: 9041131930
Size: 21.38 MB
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The success of computer programs often depends on their ability to interoperate ' or communicate ' with other systems. In proprietary software development, however, the need to protect access to source code, including the interface information

Research Handbook On Intellectual Property And Competition Law

Author: Josef Drexl
Publisher: Edward Elgar Publishing
ISBN: 1848443854
Size: 33.89 MB
Format: PDF
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The volume offers an outstanding collection of studies on the interaction of IP and competition policy and is highly recommended for academics, graduate students, and practitioners with an interest in more theoretical studies. Ioannis Lianos, World Competition Each chapter in the Research Handbook on Intellectual Property and Competition Law is written so lucidly that it will be of great interest to law professors and post graduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law. Madhu Sahni, Journal of Intellectual Property Rights This is a book that delivers on its promise. With a strong cast of contributors from a variety of countries, economies and disciplines, it makes the reader wonder how any commercially attractive IP ever gets exploited at all. IPKAT Here it comes: the book that I have been waiting for! This will surely be an inspiring source of knowledge in my Masters Programme in European Intellectual Property Law at Stockholm University. While promoting intellectual property protection as an important means for innovations and cultural developments, a critical analysis and a flexible approach to the needs for free creative space and effective competition is crucial. As this book so well illustrates, this delicate balance is no either or. Marianne Levin, Stockholm University, Sweden This comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright. Appropriate space is devoted to the latest developments in European and American antitrust law, such as the more economic approach and the question of anti-competitive abuses of intellectual property rights. Each original chapter reflects extensive comments by all other contributors, an approach which ensures a diversity of perspectives within a systematic framework. These cutting edge articles will be of great interest to law professors and postgraduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.

Research Handbook On Intellectual Property Exhaustion And Parallel Imports

Author: Irene Calboli
Publisher: Edward Elgar Publishing
ISBN: 1783478713
Size: 42.49 MB
Format: PDF, ePub
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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.

The Law And Economics Of Intellectual Property In The Digital Age

Author: Niva Elkin-Koren
Publisher: Routledge
ISBN: 1136249508
Size: 36.19 MB
Format: PDF, ePub, Docs
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This book explores the economic analysis of intellectual property law, with a special emphasis on the Law and Economics of informational goods in light of the past decade’s technological revolution. In recent years there has been massive growth in the Law and Economics literature focusing on intellectual property, on both normative and positive levels of analysis. The economic approach to intellectual property is often described as a monolithic, coherent approach that may differ only as it is applied to a particular case. Yet the growing literature of Law and Economics in intellectual property does not speak in one voice. The economic discourse used in legal scholarship and in policy-making encompasses several strands, each reflecting a fundamentally different approach to the economics of informational works, and each grounded in a different ideology or methodological paradigm. This book delineates the various economic approaches taken and analyzes their tenets. It maps the fundamental concepts and the theoretical foundation of current economic analysis of intellectual property law, in order to fully understand the ramifications of using economic analysis of law in policy making. In so doing, one begins to appreciate the limitations of the current frameworks in confronting the challenges of the information revolution. The book addresses the fundamental adjustments in the methodology and underlying assumptions that must be employed in order for the economic approach to remain a useful analytical framework for addressing IPR in the information age.

New Frontiers Of Intellectual Property Law

Author: Christopher Heath
Publisher: Bloomsbury Publishing
ISBN: 184731256X
Size: 26.41 MB
Format: PDF, ePub, Docs
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This book, arising from the collaboration between the IEEM in Macao and the Max Planck Institute in Munich, provides up-to-date information on developments in global intellectual property law and policy and their impact on regional economic and cultural development. The first two parts of the book give broad coverage to the protection of relative newcomers to the field of international intellectual property: cultural heritage and geographical indications. The third part deals with issues of enforcement which have become a major point of interest since the substantive intellectual property rules were put in place. Particular emphasis is given to enforcement systems in Asia, and to the subject matter of criminal enforcement that in many parts of the world is considered an important tool of effective protection. The final part of the book deals with the issue of multiple protection and overprotection, now a growing issue in IP law.

Beyond The Code

Author: Noam Shemtov
Publisher: Oxford University Press
ISBN: 0198716796
Size: 65.51 MB
Format: PDF, ePub
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Although the law of infringement is relatively straightforward on the copying of literal and textual elements of software, it is the copying of non-literal and functional elements that poses complex and topical questions in the context of intellectual property (IP) protection. In many cases, it is these non-literal and functional elements that contain the real value of a software product. This book concerns the copying of non-literal and functional elements of software in both the United States (US) and European Union (EU), using a holistic approach to address the most topical questions facing experts concerned with legal protection of software products across a range of technological platforms. The book focuses on four distinct but interrelated areas: contract, copyright, trade secrets, and trade-dress; as well as dealing more briefly with patent law, designs, and competition law, discussing these areas separately and in relation to one another. The book discusses software as a multi-layered functional product, setting the scene for other legal discussions by highlighting software's unique characteristics. It examines models for the provision of software, addressing licensing patterns and overall enforceability, as well as the statutory and judicial tools for regulating the use of such licences. It further assesses the protection of non-literal and functional software elements under EU and US copyright law, focusing on internal architecture and behavioural elements. The application of trade secrets law to software is examined under traditional, online, and cloud models. Finally, it examines the application of trade dress protection to software's 'look and feel', particularly relating to the highly topical area of cloud environments. Protecting Software offers a unique outlook on contemporary issues concerning the legal protection of computer software.

Complications And Quandaries In The Ict Sector

Author: Ashish Bharadwaj
Publisher: Springer
ISBN: 9811060118
Size: 71.56 MB
Format: PDF, ePub, Docs
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This book is open access under a CC BY 4.0 license. With technology standards becoming increasingly common, particularly in the information and communications technology (ICT) sector, the complexities and contradictions at the interface of intellectual property law and competition law have emerged strongly. This book talks about how the regulatory agencies and courts in the United States, European Union and India are dealing with the rising allegations of anti-competitive behaviour by standard essential patent (SEP) holders. It also discusses the role of standards setting organizations / standards developing organizations (SSO/SDO) and the various players involved in implementing the standards that influence practices and internal dynamics in the ICT sector. This book includes discussions on fair, reasonable and non-discriminatory (FRAND) licensing terms and the complexities that arise when both licensors and licensees of SEPs differ on what they mean by “fair”, “reasonable” and “non-discriminatory” terms. It also addresses topics such as the appropriate royalty base, calculation of FRAND rates and concerns related to FRAND commitments and the role of Federal Trade Commission (FTC) in collaborative standard setting process. This book provides a wide range of valuable information and is a useful tool for graduate students, academics and researchers.

Business Law Text And Cases Legal Ethical Global And Corporate Environment

Author: Kenneth Clarkson
Publisher: Cengage Learning
ISBN: 0538470828
Size: 55.53 MB
Format: PDF, Kindle
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Comprehensive, authoritative, and student-friendly, longtime market-leader BUSINESS LAW: TEXT AND CASES LEGAL, ETHICAL, GLOBAL, AND CORPORATE ENVIRONMENT delivers an ideal blend of classic black letter law and cutting-edge coverage of contemporary issues and cases. The first text to implement an undergraduate-oriented pedagogy with traditional law school-like content, BUSINESS LAW continues to set the standard for excellence. The text combines the benefits of a black letter law approach with a strong student orientation, making the law accessible, interesting, and relevant for readers. The cases, content, and features of the Twelfth Edition have been thoroughly updated to represent the latest developments in business law. An excellent assortment of included cases ranges from precedent-setting landmarks to important recent decisions, and ethical, global, and corporate themes are integrated throughout. In addition, numerous critical-thinking exercises challenge students to apply what they’ve learned to real-world issues, and the text offers an unmatched range of support materials including innovative online teaching and learning resources. It’s no wonder that BUSINESS LAW is used by more colleges and universities than any other business law text. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Copyright Protection Of Computer Software In The United Kingdom

Author: Stanley Lai
Publisher: Bloomsbury Publishing
ISBN: 1847311741
Size: 38.59 MB
Format: PDF, ePub, Mobi
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This work analyses the scope of copyright protection for computer software in the United Kingdom,and examines challenges for the future. The work presents the case for the adoption and application of infringement methodology emanating from the courts in the United States, resulting in a narrower scope of protection than is presently argued for by many UK academics, practitioners and judges alike. The work makes a careful evaluation of the efficacy of the various prevailing tests for infringement of copyright in software and their progenies, suggesting an improved formula and advocating the utility of limiting doctrines to assist in the determination of substantial similarity of particular non-literal software elements, user interfaces and screen display protection. The monograph also contains a detailed study of reverse engineering, copyright defences, permitted acts, database protection and the copyright-contract interface in the context of computer software, not omitting crucial discussions of the internet, digital dissemination and the impact of recent treaty and legislative initiatives on British copyright law. As such it will be an important resource for practitioners, lecturers and students alike.