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The Software Interface Between Copyright and Competition Law

The Software Interface Between Copyright and Competition Law Author Ashwin van Rooijen
ISBN-10 9789041131935
Release 2010
Pages 291
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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

Research Handbook on Intellectual Property and Competition Law Author Josef Drexl
ISBN-10 9781848443853
Release 2010-01-01
Pages 512
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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.



Copyright and International Negotiations

Copyright and International Negotiations Author Ge Chen
ISBN-10 9781107163454
Release 2017-05-18
Pages 289
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This books offers a sophisticated analysis of how China's copyright system is intertwined with censorship and international copyright law.



Beyond the Code

Beyond the Code Author Noam Shemtov
ISBN-10 9780191026171
Release 2017-09-07
Pages 414
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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.



The Law and Economics of Intellectual Property in the Digital Age

The Law and Economics of Intellectual Property in the Digital Age Author Niva Elkin-Koren
ISBN-10 9781136249501
Release 2012-11-27
Pages 304
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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.



Research Handbook on Intellectual Property Exhaustion and Parallel Imports

Research Handbook on Intellectual Property Exhaustion and Parallel Imports Author Irene Calboli
ISBN-10 9781783478712
Release 2016-06-24
Pages 584
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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.



New Frontiers of Intellectual Property Law

New Frontiers of Intellectual Property Law Author Christopher Heath
ISBN-10 9781847312563
Release 2005-10-01
Pages 376
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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.



The Copyright Protection of Computer Software in the United Kingdom

The Copyright Protection of Computer Software in the United Kingdom Author Stanley Lai
ISBN-10 9781841130873
Release 2000
Pages 250
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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.



Business Law Text and Cases Legal Ethical Global and Corporate Environment

Business Law  Text and Cases  Legal  Ethical  Global  and Corporate Environment Author Kenneth Clarkson
ISBN-10 9780538470827
Release 2010-11-29
Pages 1392
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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.



Intellectual Property Law Dictionary

Intellectual Property Law Dictionary Author Rachel Gader-Shafran
ISBN-10 1588521249
Release 2004
Pages 500
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This book contains 6 sections explaining the meaning and legal background of terms used in copyright, trademark, patent, nanotechnology and trade secrets, both in the U.S. and internationally.



Competition on the Internet

Competition on the Internet Author Gintarė Surblytė
ISBN-10 9783642550966
Release 2014-11-24
Pages 108
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Undeniably widespread and powerful as it is, the Internet is not almighty: it can reach as high as the skies (cloud computing), but it cannot escape competition. Yet, safeguarding competition in “the network of networks” is not without challenges: not only are competitive processes in platform-based industries complex, so is competition law analysis. The latter is often challenged by the difficulties in predicting the outcome of competition, in particular in terms of innovation. Do the specific competition law issues in a digital environment presuppose a reconsideration of competition law concepts and their application? Can current competition law tools be adjusted to the rush pace of dynamic industries? To what extent could competition law be supplemented by regulation – is the latter a foe or rather an ally? This book provides an analysis of recent developments in the most relevant competition law cases in a digital environment on both sides of the Atlantic (the EU and the US) and assesses platform competition issues from a legal as well as an economic point of view.



Cengage Advantage Books Essentials of the Legal Environment

Cengage Advantage Books  Essentials of the Legal Environment Author Roger Miller
ISBN-10 9781133586548
Release 2013-01-03
Pages 624
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Get your money’s worth with ESSENTIALS OF THE LEGAL ENVIRONMENT! This affordable text offers complete one-semester coverage of business law and its environment in a non-technical, straightforward, and engaging style. Authors Miller and Cross explain legal issues and court decisions in a way that pares down legal jargon while still conveying what you need to know to succeed in your course and in the legal environment. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.



Human Rights and Intellectual Property

Human Rights and Intellectual Property Author Laurence R. Helfer
ISBN-10 9781139496919
Release 2011-03-07
Pages
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This book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students.



Antitrust in Pharmaceutical Markets Geographical Rules of Origin

Antitrust in Pharmaceutical Markets   Geographical Rules of Origin Author Pierre Kobel
ISBN-10 9783319558134
Release 2017-09-20
Pages 497
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This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property. The first part discusses the application of competition law in the pharmaceutical sector, which continues to be a focus for anti-trust authorities around the world. A detailed international report explores the extent to which the application of the competition rules in the pharmaceutical sector should be affected by the specific characteristics of those products and markets (including consumer protection rules, the need to promote innovation, the need to protect public budgets, and other public interest considerations). It provides an excellent comparative study of this complex subject, which lies at the interface between competition law and intellectual property law. The second part of the book gathers contributions from various jurisdictions on the topic of “What rules should govern claims by suppliers about the national or geographic origin of their goods or services?” This section presents an international report, which offers an unparalleled comparative analysis of this topic, bringing together common themes and contrasting the various national provisions dealing with indications of origin, amongst other things. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.



The Legal Environment of Business Text and Cases Ethical Regulatory Global and Corporate Issues

The Legal Environment of Business  Text and Cases  Ethical  Regulatory  Global  and Corporate Issues Author Frank B. Cross
ISBN-10 9781133170419
Release 2011-01-01
Pages 816
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THE LEGAL ENVIRONMENT OF BUSINESS is the #1 text for this course -- setting the standard by delivering comprehensive, authoritative, and cutting-edge coverage in an interesting and accessible format. Its recipe for success includes the same black letter law flavor as its market-leading counterpart, BUSINESS LAW by Clarkson, Miller, and Cross, but with a specific focus on current topics such as ethics, government regulation, and administrative law. The cases, content, and features of the exciting new Eighth Edition have been thoroughly updated to represent the latest developments in the business law environment. 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 THE LEGAL ENVIRONMENT OF BUSINESS is used by more colleges and universities than any other legal environment text. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.



Film Copyright in the European Union

Film Copyright in the European Union Author Pascal Kamina
ISBN-10 9781107120747
Release 2016-04-01
Pages 562
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This second edition details the substantial developments in EU law during the last decade, including major cases, new treaties and new directives.



Complications and Quandaries in the ICT Sector

Complications and Quandaries in the ICT Sector Author Ashish Bharadwaj
ISBN-10 9789811060113
Release 2017-10-27
Pages 200
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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.