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The TRIPS Regime of Trademarks and Designs
Recognized since its first edition as the preeminent work on its subject, this incomparable book thoroughly and expertly examines the intricacies of the provisions concerning trademarks and industrial designs enshrined in the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). It is organized as a paragraph-by-paragraph annotated text of the Agreement, with detailed commentary not only on the articles specifically dealing with industrial property but also on every clause in the agreement that could affect the protection of trademarks and/or designs. The fourth edition brings the author's prodigious analysis of case law, dispute settlements, ongoing schol...
Competition Policy and Intellectual Property in Today's Global Economy
The fast-evolving relationship between the promotion of welfare-enhancing competition and the balanced protection of intellectual property (IP) rights has attracted the attention of policymakers, analysts and scholars. This interest is inevitable in an environment that lays ever greater emphasis on the management of knowledge and innovation and on mechanisms to ensure that the public derives the expected social and economic benefits from this innovation and the spread of knowledge. This book looks at the positive linkage between IP and competition in jurisdictions around the world, surveying developments and policy issues from an international and comparative perspective. It includes analysis of key doctrinal and policy issues by leading academics and practitioners from around the globe and a cutting-edge survey of related developments across both developed and developing economies. It also situates current policy developments at the national level in the context of multilateral developments, at WIPO, WTO and elsewhere.
From Babylon to the Silicon Valley
From Babylon to the Silicon Valley—The Origins and Evolution of Intellectual Property A Sourcebook Nuno Pires de Carvalho At its core, intellectual property today is the same as it was six thousand years ago: an instrument for the assertion of the identities of merchants and manufacturers in their struggle to lure customers with honesty and fairness. It arises spontaneously whenever and wherever entrepreneurs carry out their professions in an environment of competition. This masterful book, the first of its kind, presents more than two hundred sources going back to ancient Egypt, sharply detailing the evolution of intellectual property right up to its current prominence in global trade and...
The TRIPS Regime of Antitrust and Undisclosed Information
Intellectual property specialist Nuno Pires de Carvalho focuses on the mechanisms, obligations, and opportunities of trade secret protection under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). With the powerful knowledge base derived from his long experience both at the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO), he illuminates the crucial relationship of antitrust and industrial property, clearly demonstrating, in contrast to much received wisdom, the intrinsic pro-competitive nature of intellectual property and of industrial property in particular.
A estrutura dos sistemas de patentes e de marcas
Estudo comparado sobre o tratamento dado à patente no direito da Alemanha, Espanha, Estados Unidos, França, Inglaterra, Itália, Portugal e Veneza.
The Intellectual Property of Food and Hospitality: From Sybaris’ Banquets to NASA’s Deep Space Food Challenge
Nuno Pires de Carvalho, widely honored for his incomparable research in the origins and development of intellectual property, has devoted a considerable portion of his writing to the role this field of law plays in specific areas of human endeavor, including medicine and fashion. In this book, he brings his meticulous scholarship to bear on how society has constructed intellectual property so as to adapt it to the needs of the industries of food and hospitality and how entrepreneurs have extracted from intellectual property the most appropriate means for capturing knowledge and reputation in these two fields of business. Presenting a comprehensive collection of more than two hundred document...
IP and Antitrust
Consumers can make choices because of the differentiation that is preserved by intellectual property. Competition law informs intellectual property, generally with the intent of ensuring that it achieves this main purpose. However, very often, certain public policies relating to competition interfere with the way intellectual property should normally operate, either with the purpose of reinforcing its differentiating role, or with the objective of submitting it to other public goals – such as access to essential goods and services, or in recognition of situations where a given invention becomes part of a technical standard or is deemed dangerous to health or the environment. This book pres...
Défis du droit de la concurrence déloyale / Challenges of unfair competition law
Cet ouvrage constitue le septième volume de la collection propriété intellectuelle – intellectual property (www.pi-ip.ch) éditée à la Faculté de droit de l’Université de Genève (par le Prof. Jacques de Werra). Il rassemble les contributions (présentées ci-dessous) qui ont été rédigées à l’occasion de la Journée de Droit de la Propriété Intellectuelle (www.jdpi.ch) organisée le 14 février 2014 à l’Université de Genève sur le thème « Défis du droit de la concurrence déloyale / Challenges of Unfair Competition Law ».
The Intellectual Property of Textiles and Fashion: From the Medieval Loom to the New York Fashion Week
Rampant global counterfeiting has led the fashion industry to seek ever greater enforcement of its intellectual property (IP) rights. Yet, as this hugely informative book shows, this is not new. Fashion designers and entrepreneurs, as well as manufacturers and tradespeople in the broader textiles industry from which fashion springs, have always struggled to convert existing IP rules to an industry that was—and is—configured by the pressure of intrinsically fleeting consumer tastes and trends. The distinguished author, adding to the series of major works that have made him a leading authority on IP law, triumphantly reveals in great detail how society has constructed IP in association wit...
Patently Outdated
An economy of services largely dominates our world today, but no patent system is available to support it. All signs point increasingly to evidence that in almost all countries—and as enshrined in the TRIPS Agreement—patent rules and procedures are seriously handicapped in their incapacity to respond to current economic reality. Many inventions today are made without any materiality, yet they are nonetheless genuine inventions, such as those that arise from the banking, insurance and business consulting industries. Today’s patent system remains deeply linked to the making of things with human hands. It must evolve and adapt so that the new economy can also benefit from its advantages. This book is about that adaptation—which will come, or, rather, as the author shows, has slowly started to come. By describing details and historical events that shed light on how patent law has evolved from the pre-industrial to the industrial economy, the book manifests the need for a further evolution of patents to the post-industrial economy.
