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Publisher's description: The intensification of globalization and the exponential growth of the creative economy have dramatically highlighted the importance of intellectual property (IP) to ensure freedom of competition and respect for honesty in trade. Additionally, the assets covered by IP are of crucial importance for social, technological, and economic development. This hugely valuable guide, written by specialists in the Secretariat of the World Intellectual Property Organization (WIPO), and now in its updated and expanded second edition, pays particular attention to the subject of international cooperation in IP, including discussion of the principal multilateral treaties which deal with its protection, and to the role of IP in cultural, economic, and technological development.
This book is the first study to examine the issue of the legality of parallel imports of trademarked goods under the most important legal systems on an international level, namely under GATT/WTO law, EU law and the laws of the ten major trading partners of the European Union. Part I consists of a general approach to the phenomenon of parallel importation and of a presentation of the theories that have been suggested to resolve the above-mentioned issue. The rule of exhaustion of rights, of which there are three types (rule of national, regional and international exhaustion of rights), is proposed as the most effective instrument to deal with the issue in question. Part II examines the question of exhaustion of trademark rights in light of the provisions of GATT/WTO Law. Part III analyzes the elements of the EU provisions on exhaustion of trademark rights (Articles 7 of Directive 2008/95/EC and 13 of Regulation (EC) 207/2009) and some specific issues relating to the application of these provisions. Part IV presents the regimes of exhaustion of trademark rights recognized in the European Union’s current ten most significant trading partners. The book is the first legal study to welcome, in light of economic analysis, the approach adopted by GATT/WTO law and EU law to the question of the geographical scope of the exhaustion of the trademark rights rule. It includes all the case law developed on an international level on the issue of the legality of parallel imports of trademarked goods and a comprehensive overview of the scientific literature concerning the phenomenon of parallel imports in general and the legality of parallel imports of trademarked goods. All the views expressed in the book are based on the European Court of Justice’s most recent case law and that of the courts of the most important trading partners of the European Union.
"The text will outline the history and rationale behind patent law, outline major areas of patent examination, and complexities, provide economic analysis, Maori and patent issues, international trade issues, and specialist patent court and tribunal issues"--Publisher information.
INTELLECTUAL PROPERTY: THE LAW OF TRADEMARKS, COPYRIGHTS, PATENTS, AND TRADE SECRETS, 4E, International Edition is a thorough guide to the four fields of intellectual property law: trademarks, copyrights, patents, and trade secrets. This comprehensive, yet reader-friendly text helps aspiring and practicing paralegals alike master the complexities of modern intellectual property law, including topics such as registration procedures, duration of rights, protection from infringement, current concerns in each field, and international trends and developments. Now updated in a new Fourth Edition, this wide-ranging text features coverage of cutting-edge issues such as technological innovations, intellectual property in the digital age, the role of the Internet, and evolving business law. In addition to an in-depth overview of each field, the text features abundant practical material, such as sample agreements, forms, checklists of paralegal tasks, charts, citations, statutes, realistic case studies, excerpts of real cases, and interesting trivia to capture students' interest and provide valuable insights into real-world paralegal practice. Additional features useful for paralegal students and professionals include references to intellectual property websites, questions to encourage targeted Internet research, Case Illustrations, Case Study and Activities, Role of Paralegal element, and "Ethics Edge" boxes that explore ethical issues related to chapter content.