Download or read online books in PDF, EPUB and Mobi Format. Click Download or Read Online button to get book now. This site is like a library, Use search box in the widget to get ebook that you want.

The Unitary EU Patent System

The Unitary EU Patent System Author Justine Pila
ISBN-10 150991417X
Release 2017-05-25
Pages 240
Download Link Click Here

Now available in paperback! The purpose of this book is to explore the key substantive, methodological, and institutional issues raised by the proposed unitary EU patent system contained in EU Regulations 1257/2012 and 1260/2012, and the Unified Patent Court Agreement 2013. The originality of this work lies in its individual contributions and uniquely broad approach, taking six different perspectives (historical, constitutional, international, competition, institutional and forward-looking) on the proposed patent system. The book offers a multi-authored legal appraisal of the proposed unitary system from experts in patent law, EU constitutional law, private international law, and competition law, as well as leading figures from the worlds of legal practice, the bench, and the European Patent Office. The unitary patent system raises issues of foundational importance in the fields of patent and intellectual property law, EU law and legal harmonization, with which it is the purpose of the book to engage. This is a work which will enjoy wide and enduring interest among academics, policy makers and decision makers/practitioners working in patent law, intellectual property law, legal harmonization, and EU law. (Series: Studies of the Oxford Institute of European and Comparative Law) [Subject: Data Protection, Copyright Law, Patent Law, European Law]



The New European Patent

The New European Patent Author Alfredo Ilardi
ISBN-10 1849468338
Release 2015-05-07
Pages 176
Download Link Click Here

On December 17, 2012, following a complex negotiation which lasted 12 years, the European Parliament adopted Regulations (EU) 1257/2012 and 1260/2012, and the text of the Agreement on a Unified Patent Court (UPC Agreement). These instruments institute the 'European patent with unitary effect, ' the first unified system for the protection of inventions within the EU. The two Regulations will be applicable after the entry into force of the UPC Agreement, which was signed on February 19, 2013 by 24 Member States of the EU. This book traces the evolution of the idea behind the institution of the European patent with unitary effect, including a comparative analysis of the existing parallel regional and international procedures for the protection of inventions. It presents a synthesis of the different phases of the negotiations which led to the adoption of the first unitary patent system within the EU. Additionally, the book examines the provisions of the two Regulations, of the UPC Agreement, and of the jurisdictional system under Brussels I Regulation. The book's Appendix reproduces the texts of Regulations and of the UPC Agreement. It will be of interest to practitioners and academics working in the field of copyright and patent law. [Subject: European Law, Copyright Law, Patent Law, Trademark Law



A Practical Guide to European Patent Law

A Practical Guide to European Patent Law Author Trevor Cook
ISBN-10 0198726031
Release 2016-06-07
Pages 480
Download Link Click Here

A practical and authoritative guide to using the European patent system, offering insightful comparative analysis of two major patent jurisdictions, the UK and Germany and prospects for the new Unitary Patent Package, and focusing on both substantive law and procedure.



Legal Risks in EU Law

Legal Risks in EU Law Author Emilia Mišćenić
ISBN-10 9783319285962
Release 2016-04-13
Pages 256
Download Link Click Here

This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.



The Images of the Consumer in EU Law

The Images of the Consumer in EU Law Author Dorota Leczykiewicz
ISBN-10 9781509900367
Release 2016-01-28
Pages 488
Download Link Click Here

This book consists of contributions exploring from different perspectives the 'images' of the consumer in EU law. The images of the consumer form the foundation for various EU policies, more or less directly oriented towards the goal of consumer protection. The purpose of the volume is to establish what visions of the consumer there are in different contexts of EU law, whether they are consistent, and whether EU law's engagement with consumer-related considerations is sincere or merely instrumental to the achievement of other goals. The chapters discuss how consumers should be protected in EU contract, competition, free movement and trade mark law. They reflect on the limits of the consumer empowerment rationale as the basis for EU consumer policy. The chapters look also at the variety of concerns consumers might have, including the cost of goods and services, access to credit, ethical questions of consumption, the challenges of excessive choice and the possibility to influence the content of regulatory measures, and explore the significance of these issues for the EU's legislative and judicial process.



The European Union and International Dispute Settlement

The European Union and International Dispute Settlement Author Marise Cremona
ISBN-10 1509903232
Release 2017
Pages 320
Download Link Click Here

This monograph explores the connections between the European Union and international dispute settlement. It highlights the legal challenges faced by the principal players in the field: namely the EU as a political actor and the Court of Justice of the EU as an international and domestic judiciary. In addition, it places the subject in its broader context of international dispute settlement, and the participation of the EU and its Member States in international disputes. It focuses on horizontal and cross-cutting themes, bringing together insights from the different sectors of trade, investment and human rights, and offering a variety of perspectives from academics, policymakers and practitioners. [Subject: European Law, Public International Law, Arbitration & Mediation]



Regulating Human Embryonic Stem Cell in China

Regulating Human Embryonic Stem Cell in China Author Li Jiang
ISBN-10 9789811021015
Release 2016-09-07
Pages 200
Download Link Click Here

The general scope of the book is the patentability and morality of human embryonic stem cell research in US, EU and China. The book observes fraudsters operate unsafe human embryonic stem cell therapies and officialdom turns a blind eye to the immoral human embryonic stem cell research in China. The book highlights that both patent control and federal funding control are inefficient and ineffective way to monitoring human embryonic stem cell research. The book finally proposed an approach for china to regulating human embryonic stem cell research-regulating research itself at the reconciled international regime. The potential reader includes academics and practitioners dealing with intellectual property, patent law and stem cell inventions. The topic discussed will also be interesting to a broad readership, including experts, regulators, policy makers and medical researchers in both ethical and legal disciplines in the field of embryonic stem cell research.



The Europeanization of Intellectual Property Law

The Europeanization of Intellectual Property Law Author Justine Pila
ISBN-10 0199665109
Release 2013-11
Pages 312
Download Link Click Here

Written by senior judges, QCs and academics, this is the first work to consider the Europeanization of intellectual property law, drawing lessons from the experiences of IP for general private law and helping to develop a European legal methodology.



European Intellectual Property Law

European Intellectual Property Law Author Justine Pila
ISBN-10 9780198729914
Release 2016-01
Pages 744
Download Link Click Here

European Intellectual Property Law offers a full account of the main areas of substantive European IP law and a discussion of their wider context and effect. The amount and reach of European law, and decision-making in the field of intellectual property has grown exponentially since the 1960's, making it increasingly difficult to treat European law as an adjunct to domestic intellectual property regimes. European Intellectual Property Law responds to this reality by presenting a clear and detailed account of each of the main areas of substantive EU intellectual property law, situated in the context of both the EU legal system and international IP law, including EU constitutional law, the law of the European Patent Convention 1973/2000, and private international law. It draws selectively on examples from domestic IP regimes to illustrate substantive differences between those regimes and to demonstrate the impact of European law, and decision-making on EU Member States. This unique, thoroughly modern approach goes beyond a discussion of the provisions of European legal instruments to consider their wider context and effect. European Intellectual Property Law is the ideal guide for any student wishing to gain a full and critical understanding of the substantive European law of intellectual property.



Lobbying the European Union

Lobbying the European Union Author David Coen
ISBN-10 9780191607219
Release 2009-06-04
Pages 390
Download Link Click Here

It is universally accepted that there has been a huge growth in EU lobbying over the past few decades. There is now a dense EU interest group system. This entirely new volume, inspired by Mazey & Richardson's 1993 book Lobbying in the European Community, seeks to understand the role of interest groups in the policy process from agenda-setting to implementation. Specifically, the book is interested in observing how interest groups organise to influence the EU institutions and how they select different coalitions along the policy process and in different policy domains. In looking at 20 years of change, the book captures processes of institutional and actor learning, professionalisation of lobbying, and the possible emergence of a distinct EU public policy style. More specifically, from the actors' perspective, the editors are interested in assessing how the rise of direct lobbying and the emergence of fluid issue-based coalitions has changed the logic of collective action, and what is the potential impact of 'venue-shopping' on reputation and influence. From an institutional perspective, the contributors explore resource and legitimacy demands, and the practical impact of consultation processes on the emergence of a distinct EU lobbying relationship. It will be essential reading for academics and practitioners alike.



Unified Patent Protection in Europe

Unified Patent Protection in Europe Author Winfried Tilmann
ISBN-10 0198755465
Release 2017-07-11
Pages 1832
Download Link Click Here

The creation of the Unified Patent Court (UPC) is the most prominent change in the European legal landscape for the last four decades. This book explains how the new system works in practice and how to make the best use of its provisions. It offers readers an in-depth and comprehensive commentary on the legal mechanisms of the upcoming ratified European Patent Law, and advice on potential problems that users of the forthcoming regulations may face. The book first describes the creation of the Unified European Patent Law and how its four new legislative texts interact. The new legislative texts are then explained and commented on in detail, rule by rule, with diverse approaches and perspectives from a practitioner team comprising patent litigators, European patent attorneys, law professors and patent judges. The Commentary takes into account the practical needs of users of the new system on both the prosecution and enforcement sides, addressing substantive and procedural problems. This book is the most authoritative text on the Unitary Patent and Unified Patents Court, and an invaluable tool for practitioners in this rapidly developing area of law.



The Code Napol on Rewritten

The Code Napol  on Rewritten Author John Cartwright
ISBN-10 9781509911592
Release 2017-10-05
Pages 536
Download Link Click Here

The provisions of the French Civil Code governing the law of obligations have remained largely unchanged since 1804 and have served as the model for civil codes across the world. In 2016, the French Government effected major reforms of the provisions on the law of contract, the general regime of obligations and proof of obligations. This work explores in detail the most interesting new provisions on French contract law in a series of essays by French lawyers and comparative lawyers working on French law and other civil law systems. It will make these fundamental reforms accessible to an English-speaking audience.



The Jurisprudence of Lord Hoffmann

The Jurisprudence of Lord Hoffmann Author Paul S Davies
ISBN-10 9781509901555
Release 2015-08-27
Pages 392
Download Link Click Here

Lord Leonard Hoffmann remains one of the most important and influential English jurists. Born in South Africa, he came to England as a Rhodes Scholar to study law at the University of Oxford. After graduating from the Bachelor of Civil Law as Vinerian Scholar, he was elected Stowell Civil Law Fellow of University College. There followed an extremely distinguished judicial career, including 14 years as a member of the Judicial Committee of the House of Lords (from 1995 to 2009). In 2009, Lord Hoffmann returned to the Oxford Law Faculty as a Visiting Professor. In this volume, current and past colleagues of Lord Hoffmann from the University of Oxford examine different aspects of his jurisprudence in diverse areas of private and public law. The contributions are testament to the clarity and creativity of his judicial and extra-judicial writings, to his enduring influence and extraordinary intellectual breadth, and to the respect and affection in which he is held.



European Patent Litigation in the Shadow of the Unified Patent Court

European Patent Litigation in the Shadow of the Unified Patent Court Author Luke McDonagh
ISBN-10 9781784714741
Release 2016-07-27
Pages 208
Download Link Click Here

With the introduction of the Unified Patent Court (UPC) and the new European Patent with Unitary Effect, the European patent litigation system is undergoing a set of fundamental reforms. This timely book assesses the current state of European patent litigation by analysing recently published data on Europe's four major patent jurisdictions - the UK, Germany, France and the Netherlands - and also looks ahead to examine what the impact of the UPC is likely to be on Europe's patent litigation system in the near future.



Holyoak and Torremans Intellectual Property Law

Holyoak and Torremans Intellectual Property Law Author Paul Torremans
ISBN-10 9780198734772
Release 2016-06-23
Pages 832
Download Link Click Here

Holyoak and Torremans Intellectual Property Law provides readers with a clear introduction to UK intellectual property law, whilst carefully placing the law in its global context and acknowledging the influence of EU and other international jurisdictions over its development. The book examines the methods and reasoning behind key statutory and case decisions, and provides readers with real life examples of intellectual property law in action, helping to bring the subject to life. Recent developments within the law relating to biotechnology patenting, IT and internet, and trademark, imaging and character rights are explored, providing readers with a cutting edge analysis of the subject. Chapter introductions and concluding overviews help to set the scene and provide a succinct summary of the topic areas, whilst lists of annotated further reading offer the perfect starting point for those who wish to explore a topic further. Online Resource Centre This book is accompanied by an Online Resource Centre which provides annotated web links and self-test questions.



The EU Charter of Fundamental Rights as a Binding Instrument

The EU Charter of Fundamental Rights as a Binding Instrument Author Sybe de Vries
ISBN-10 9781782258247
Release 2015-12-03
Pages 416
Download Link Click Here

The entry into force of the Treaty of Lisbon in 2009 caused the EU's Charter of Fundamental Rights to be granted binding effect. This raised a host of intriguing questions. Would this transform the EU's commitment to fundamental rights? Should it transform that commitment? How, if at all, can we balance competing rights and principles? (The interaction of the social and the economic spheres offers a particular challenge). How deeply does the EU conception of fundamental rights reach into and bind national law and practice? How deeply does it affect private parties? How much flexibility has been left to the Court in making these interpretative choices? What is the likely effect of another of the reforms achieved by the Lisbon Treaty, the commitment of the EU to accede to the ECHR? This book addresses all of these questions in the light of five years of practice under the Charter as a binding instrument.



The Future of Contract Law in Latin America

The Future of Contract Law in Latin America Author Rodrigo Momberg
ISBN-10 1509914277
Release 2017
Pages 352
Download Link Click Here

This book presents, analyzes, and evaluates the Principles of Latin American Contract Law (PLACL), a recent set of provisions aiming at the harmonization of contract law at a regional level. As such, the PLACL are the most recent exponent of the many proposals for transnational sets of 'principles of contract law' that were drafted or published over the past 20 years, either at the global or the regional level. These include the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the (European) Draft Common Frame of Reference, and the Principles of Asian Contract Law. The PLACL are the product of a working group comprising legal academics from Argentina, Brazil, Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles of the instrument deal with problems of general contract law, such as formation, interpretation and performance of contracts, as well as remedies for breach. The book aims to introduce the PLACL to an international audience by putting them in their historical and comparative context, including other transnational harmonization measures and initiatives. The contributions are authored by drafters of the PLACL and contract law experts from Europe and Latin America. (Series: Studies of the Oxford Institute of European and Comparative Law) [Subject: Comparative Law, Contract Law]