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Spare Parts, Repairs, Trade Marks and Consumer Understanding

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Release : 2023
Genre : Intellectual property
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Spare Parts, Repairs, Trade Marks and Consumer Understanding by : Anna Tischner

Download or read book Spare Parts, Repairs, Trade Marks and Consumer Understanding written by Anna Tischner. This book was released on 2023. Available in PDF, EPUB and Kindle. Book excerpt:

An International Perspective on Design Protection of Visible Spare Parts

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Release : 2017-04-06
Genre : Law
Kind : eBook
Book Rating : 602/5 ( reviews)

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Book Synopsis An International Perspective on Design Protection of Visible Spare Parts by : Dana Beldiman

Download or read book An International Perspective on Design Protection of Visible Spare Parts written by Dana Beldiman. This book was released on 2017-04-06. Available in PDF, EPUB and Kindle. Book excerpt: This publication examines the legal aspects of the spare parts market from an IP perspective: specifically whether design protection for spare parts of a complex product extends to the spare part aftermarket, or whether that market should remain open to competition. The stakeholders’ equally weighty arguments that must be balanced against are, on the one hand, the property interest in an earned IP right in the design of the part; and on the other, enhanced competition, likely reflected in lower prices. The mounting tension between these two positions is manifest an increased number of lawsuits in both the US and the EU. This book provides a discussion of the legal issues involved in this debate from a global perspective, with special focus on the EU and the US. Part I contextualizes the legal debate by discussing the historical background, the competitive situation and the respective stakeholder positions. Part II examines the relevant legal questions on a comparative basis, evaluating the likelihood of its adoption in the jurisdictions examined. Concluding that adoption is unlikely, Part III proposes a number of possible considerations meant to further compromise. Part IV concludes with a future outlook, specifically in light of the impact of technological development on this market.

Restrictions on the Right to Repair under IP Law. Impacts on Achievement of Sustainability Goals

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Release : 2024-02-29
Genre : Law
Kind : eBook
Book Rating : 890/5 ( reviews)

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Book Synopsis Restrictions on the Right to Repair under IP Law. Impacts on Achievement of Sustainability Goals by : Martin Gigoni

Download or read book Restrictions on the Right to Repair under IP Law. Impacts on Achievement of Sustainability Goals written by Martin Gigoni. This book was released on 2024-02-29. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (postgraduate) from the year 2023 in the subject Law - European and International Law, Intellectual Properties, grade: 72, University of Kent, course: Contemporary Topics in IP Law, language: English, abstract: This Paper argues that the EU needs to adopt a harmonised policy framework promoting the right to repair and limiting manufacturers’ use of IPRs on software to restrict repair rights which ultimately impacts the achievement of sustainability goals. Part B begins with the origins of the right to repair movement and its significance. Part C discusses restrictions on repair rights, including the role of IPRs. Part D discusses how the EU legal framework recognises repair rights and contrasts this with the Australian approach. Part E discusses the suggestions of scholars on reforms to the EU legal framework to better tackle restrictions on repair rights. Modern electronics constitute not only the hardware in the device itself but also the embedded software that is critical to the device’s functionality. This software is usually pre-installed on the device by the manufacturer to run all its basic operations. This integration of software systems to devices, sometimes called the "softening of hardware", requires the intervention of intellectual property rights (IPRs) to delineate the blurry lines separating the device and its functional components in software. Consequently, manufacturers use IPRs on the embedded software to limit the consumer’s control over a device and effectively lock them out from doing basic repairs to restore functionality. These limitations discourage many consumers from pursuing repairs in favour of purchasing new devices and discarding the faulty ones. The result is a linear model of consumption and a throw away culture contributing to large amounts of electronics waste (e-waste) disposed worldwide. In 2019, consumer electronics comprised 54 million Metric Tons of e-waste, with Europe contributing 12 million Metric Tons. Worse still, the effects of e-waste pileups have for decades flowed downstream from developed to developing countries. In response, the European Union (EU) has focused on achieving a circular economy to reduce e-waste by extending the lifespan and usability of products through, inter alia, recognising the right to repair movement.

Design Law

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Release : 2024-09-06
Genre : Law
Kind : eBook
Book Rating : 527/5 ( reviews)

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Book Synopsis Design Law by : Dana Beldiman

Download or read book Design Law written by Dana Beldiman. This book was released on 2024-09-06. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive assessment of the current legal landscape of global design law. It includes practice-based and analytical accounts of national design laws from several representative jurisdictions and delves into the practical and theoretical dimensions of some of the most urgent procedural issues facing this legal field.

The Trade-mark Reporter

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Author :
Release : 1911
Genre : Trademarks
Kind : eBook
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Book Synopsis The Trade-mark Reporter by :

Download or read book The Trade-mark Reporter written by . This book was released on 1911. Available in PDF, EPUB and Kindle. Book excerpt:

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