Intellectual property rights (IPRs), conventionally seen as quite distinct, are increasingly overlapping with one another in Europe. There are several reasons for this: the expansion of IPRs beyond their traditional borders, the creation of new IPRs at the EU level, the exploitation of gaps in the law by shrewd lawyers, and the use of unfair competition as an alternative when IPRs are either not available at all or have expired. The convergence of several IPRs on the same subject-matter poses a problem. As they are normally envisaged as water-tight categories, there are very few rules which cater for the sort of regime clash that any overlap of IPRs necessarily entails. This book's examines the appropriate rules to regulate overlaps and thereby avoid regime conflicts and undue unstructured expansion of IPRs. The book looks at the practical consequences of each overlap at the international, European, and national levels (where the laws of France, the UK, and Germany are reviewed). It then analyzes the reasons for the prohibition or authorization of overlaps. This analysis enables the determination of criteria that can be used to (re)map the overlaps to achieve appropriateness and legitimacy. The overarching principle - which guides this mapping exercise, and which is common to all IPRs - is that of free competition; IPRs are an exception to this principle, though a public domain must exist.
This important new book constitutes a serious examination of both the positive potential, as well as the deficiencies, of the TRIPS agreement. In the light of their analysis, the editors and their colleagues make a powerful case for wide ranging reforms. Intellectual Property law (IP) - particularly in relation to international trade regimes - is increasingly finding itself challenged by rapid developments in the technological and global economic landscapes. In its attempt to maintain a responsive legislative system that is interacting successfully with global trade rules, IP is having to respond to an increasing number of actors on an international level. This book examines the problems associated with this undertaking as well as suggesting possible revisions to the TRIPS agreement that would make it more relevant to the environment in which today's IP mechanisms are operating. The overall aim is to find an adequate response to the 'IP balance dilemma'. The theme is pursued throughout various topics, including a look at what this means in relation to economy in a country like China, and also considering how IP is increasingly having to reconcile itself with human rights issues. This book will appeal to academics, policy makers and post-graduate students in IP and international trade law, as well as related fields, such as development and human rights.
The discipline of law and economics has earned a reputation for developing plausible and empirically testable theories on the social functions and the impact of legal institutions. Property rights are a field in which this has been very successful. In this book, economic property rights theories are applied to case law in order to examine the practice and solution of real life conflicts. The authors examine the economic problems which are dealt with in these cases and evaluate the courts' decisions from an economic angle.
Cases are examined from across Europe, the UK and the US to allow international comparisons to be made. These comparisons reveal that, regardless of the legal system, many legal issues have similar economic roots and therefore similar models of economic analysis can be applied. But the analysis of these cases shows that the discipline of law and economics is not only successful in developing explanatory models but is also a useful approach for solving legal conflicts in individual cases. This book aims to bridge the gap between the academic and professional literature and demonstrate the benefits of the economic analysis of individual property rights cases to all those who are interested in law and economics.
The text, problems and cases address issues of concern not only to litigators but also to transactional lawyers who structure transactions to allocate duties and risks in order to avoid litigation. The materials provide explanations for students unfamiliar with either international sales transactions or domestic sales law. Teachers using the book themselves need not be specialists. The authors have maintained most of the Problem exercises from the first edition, but have added the leading cases of the past decade to enrich the fabric of the current law. The Teacher's Manual suggests ways the materials may be taught and supplemented.
Integrating formal property verification (FPV) into an existing design process raises several interesting questions. This book develops the answers to these questions and fits them into a roadmap for formal property verification - a roadmap that shows how to glue FPV technology into the traditional validation flow. The book explores the key issues in this powerful technology through simple examples that mostly require no background on formal methods.
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