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The establishment of Intellectual Property Rights is of utmost importance for the functioning of the market mechanism in a modern economy based more and more on trade in services and software products. Most Central and Eastern European Countries already dispose on systems of Intellectual Property Rights protection. The law enforcement mechanism in a series of countries, however, must still be strengthened. In one section of the book, the authors give an overview on the institutionalisation of Intellectual Property Rights in Central and Eastern Europe and in some successor states of the former Soviet Union with special regard to Russia. Moreover, Intellectual Property Rights systems in the United States and Western Europe are compared and the rules of WTO were taken under consideration in order to find out their potential for fostering (or hampering) the central and eastern European process of transition. Finally, a deliberation on the historical grounds and theoretical foundations of individual and common property rights with regard to economic and technological innovation is included into the collection. The volume gives a comprehensive overview on the state of Intellectual Property Rights institutionalisation in the course of the process of transition in Central and Eastern Europe.
Enforcement of Intellectual Property Rights in the EU Member States provides a timely overview and thorough analysis of intellectual property rights enforcement in the EU Member States. Taking legal action in one or several countries in the EU to enforce intellectual property rights is quite a challenge. The adoption of European Directive 2004/48/EC on the Enforcement of Intellectual Property Rights was meant to put a halt to considerable discrepancies in national legislations which caused uncertainty and a difference in enforcement between the EU Member States. The Enforcement Directive aimed to create a level playing field and to ensure a high, equivalent and homogeneous level of intellectual property protection across the EU.Over the past decade, the Enforcement Directive has been transposed into all EU Member States, in national legislation and through its application in national and EU case law. Both are essential to understand the Enforcement Directive's actual scope of application. In order to prepare and undertake an action in different countries potentially simultaneously knowledge of national legislation, local custom and practice, as well as procedural law, national and EU case law is essential.This book is a collaborative effort of lawyers from top tier firms from all 28 EU Member States. It is a valuable resource for both practitioners who are active cross-border and internationally and general counsel who seek an in-depth analysis of the legal landscape across the EU.
"This publication briefly reports on the current situation with respect to protection of industrial property in 27 countries in Central and Eastern Europe and in Central Asia"--Foreword.
Recoge: 1. A benchmark: possible risks and rewards of an extended system of European protection of IPR, providing a one-stop shop - 2. Development of IP law as it affects industry in the European Union - 3. Current EC legislation: assessment and analysis - 4. Planned and future EC legislation - 5. International IP law - 6. National laws compared - 7. Comparison of administrative/legal procedures and their effectiveness - 8. Analysis of possible national and international arrangements for operators wishing to exploit their IP in different Member States - 9. The motor industry - 10. The pharmaceutical industry - 11. What factors impinge on the effectiveness of EU and European measures in IP? - 12. Assessment of the advantages and shortcomings of recent EC IP legislation - 13. Has EU legislation on IP encouraged investment? - 14. Impact of accompanying measures - 15. The treatment of third-country products under EU systems of IP protection - 16. The new measures: could they be improved?
Lectures and country papers delivered at the WIPO-LAWASIA seminar on industrial property organized by WIPO at Bangkok, Thailand, in March 1983, in cooperation with LAWASIA and with the assistance of the United Nations Development Programme (UNDP).
Recoge: 1. A benchmark: possible risks and rewards of an extended system of European protection of IPR, providing a one-stop shop - 2. Development of IP law as it affects industry in the European Union - 3. Current EC legislation: assessment and analysis - 4. Planned and future EC legislation - 5. International IP law - 6. National laws compared - 7. Comparison of administrative/legal procedures and their effectiveness - 8. Analysis of possible national and international arrangements for operators wishing to exploit their IP in different Member States - 9. The motor industry - 10. The pharmaceutical industry - 11. What factors impinge on the effectiveness of EU and European measures in IP? - 12. Assessment of the advantages and shortcomings of recent EC IP legislation - 13. Has EU legislation on IP encouraged investment? - 14. Impact of accompanying measures - 15. The treatment of third-country products under EU systems of IP protection - 16. The new measures: could they be improved?