European Software Directives and European Software Patents

European Software Directives and European Software Patents
Author: Alexandru Cristian Strenc
Publisher: Kluwer Law International B.V.
Total Pages: 254
Release: 2022-06-20
Genre: Law
ISBN: 9403546409

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in European Software Directives and European Software Patents. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in European Software Directives and European Software Patents will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

The Patent Wars

The Patent Wars
Author: Fred Warshofsky
Publisher:
Total Pages: 312
Release: 1994-10-17
Genre: Business & Economics
ISBN:

From the "Diaper Wars" that pitted Procter & Gamble against Kimberly-Clark to disputes over high-temperature superconductors, veteran technology writer Fred Warshofsky tracks patent litigation's path to becoming one of the most potent financial tools of the 1990s. The stakes are enormous. For example, Honeywell Inc. more than doubled its net income for the third quarter of 1992 despite lower operating revenue by winning some dozen patent infringement suits against Japanese camera makers, including a tidy $96 billion from Minolta. Japanese companies frequently win. In a revealing analysis of the patent wars in Japan, Warshofsky shows how Japanese industries surround basic patents with clusters of patent modifications. In the global winner-take-all battle, this strategy gives them effective control over the licensing and usefulness of the original invention. The patent game becomes more complicated with the development of each new product and technology. Nowhere is the phenomenon more evident than in software, semiconductors, and biotechnology. Warshofsky delves into each of these highly sophisticated industries. In the software industry, for instance, Warshofsky dissects patent battles such as Apple v. Microsoft and Borland v. Lotus that have made front-page headlines. The Patent Wars is the first book to take an incisive look at this new business offensive and its consequences, including hackers and piracy in cyberspace. As more and more companies deliberately strive to prohibit competition and innovation, this stimulating and highly informative book will become essential reading for people in business and finance, technology-watchers, and policymakers.

Software Rights

Software Rights
Author: Gerardo Con Diaz
Publisher: Yale University Press
Total Pages: 384
Release: 2019-10-22
Genre: Law
ISBN: 0300249322

A new perspective on United States software development, seen through the patent battles that shaped our technological landscape This first comprehensive history of software patenting explores how patent law made software development the powerful industry that it is today. Historian Gerardo Con Díaz reveals how patent law has transformed the ways computing firms make, own, and profit from software. He shows that securing patent protection for computer programs has been a central concern among computer developers since the 1950s and traces how patents and copyrights became inseparable from software development in the Internet age. Software patents, he argues, facilitated the emergence of software as a product and a technology, enabled firms to challenge each other’s place in the computing industry, and expanded the range of creations for which American intellectual property law provides protection. Powerful market forces, aggressive litigation strategies, and new cultures of computing usage and development transformed software into one of the most controversial technologies ever to encounter the American patent system.

Patents in the Knowledge-Based Economy

Patents in the Knowledge-Based Economy
Author: National Research Council
Publisher: National Academies Press
Total Pages: 352
Release: 2003-08-11
Genre: Political Science
ISBN: 0309167183

This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.

Copyright in the Digital Single Market

Copyright in the Digital Single Market
Author: Eleonora Rosati
Publisher: Oxford University Press, USA
Total Pages: 528
Release: 2021-08-26
Genre: Law
ISBN: 9780198858591

This book provides an article-by-article commentary to all the provisions of Directive 2019/790 on copyright in the Digital Single Market. It is the first complete commentary to Directive 2019/790, analyzing the history, objectives, and content of each and every provision.

Exclusions from Patentability

Exclusions from Patentability
Author: Sigrid Sterckx
Publisher: Cambridge University Press
Total Pages: 375
Release: 2012-09-13
Genre: Business & Economics
ISBN: 1107006945

This book provides the first comprehensive study of what cannot be patented and what should not be patentable in Europe.

European Patent Convention

European Patent Convention
Author: Alexandru Cristian Strenc
Publisher: Kluwer Law International B.V.
Total Pages: 260
Release: 2018-10-23
Genre: Law
ISBN: 9403501839

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property law in the European Patent Convention (EPC), following generally the structure of the legal provisions, with a special focus on the patentability and patenting procedure. The monograph addresses not only the Convention’s core business, but also the work of its coordinating and implementing bodies, the European Patent Organization (EPOrg) and the European Patent Office (EPO). The concise presentation and interpretation of all relevant texts includes those considered “additional” but which, according to article 164(1) EPC, are in fact integral parts of the Convention – the Implementing Regulation and the Protocols on the Interpretation of Article 69 EPC and on Centralisation, Recognition, Privileges and Immunities, and the Staff Complement. Particular attention is paid throughout to issues arising from the relationship between the EPC and other relevant international and European laws and to recent developments and trends, especially in connection with the unitary patent system. The monograph also includes limited but relevant discussion of the historical development of the bases of the European patent system up to the success story of today. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions and scope of protection, ownership, transfer of rights, licenses, scope of exclusive rights, limitations, exemptions, duration of protection, and infringement. A broad selection of EPO case law clarifies in the most adequate way the substance of the European patent system, as directly originating from it. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers and patent attorneys representing parties with interests in the European Patent Convention will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

Intellectual Property Law: European Patent Convention

Intellectual Property Law: European Patent Convention
Author: Alexandru Cristian Strenc
Publisher: Kluwer Law International B.V.
Total Pages: 272
Release: 2022-06-20
Genre: Law
ISBN: 9403546107

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in European Patent Convention. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in European Patent Conventionwill welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

Biotechnology and Software Patent Law

Biotechnology and Software Patent Law
Author: Arezzo, E. Ghidini, G.
Publisher: Edward Elgar Publishing
Total Pages: 361
Release: 2011
Genre: Law
ISBN: 0857938037

'The art of editing is to bring contributions together, which melt into one book. This is what Emanuela Arezzo and Gustavo Ghidini have achieved with their own critical mind by composing a book of papers, in which internationally renowned experts measure the tensions created for the patent system by the needs and problems of protecting biotechnological and software inventions. All together, they present a comparative law challenge to the very fundaments of patent protection. As such, they are or may become a "must read".' Hanns Ullrich, College of Europe, Bruges, Belgium 'Arezzo and Ghidini have put together a fine collection of essays addressing developments in patent law from general themes to emerging ones in the infotech and biotech sectors. It is notable that the international array of authors includes contributions from both established and rising young scholars, all of them ably tackling difficult issues that merit our attention.' Rudolph J.R. Peritz, New York Law School, US The new millennium has carried several challenges for patent law. This up-to-date book provides readers with an important overview of the most critical issues patent law is still facing today at the beginning of the twenty first century, on both sides of the Atlantic. New technological sectors have emerged, each one with its own features with regard to innovation process and pace. From the most controversial cases in biotech to the most recent decisions in the field of software and business methods patent, patent law has tried to stretch its boundaries in a way to accommodate such new and controversial subject matters into its realm. Biotechnology and Software Patent Law will strongly appeal to postgraduate students specializing in IP law, international law, commercial and business law, competition law as well as IP scholars, academics and lawyers.

European Competition Law Annual 2005

European Competition Law Annual 2005
Author: Claus-Dieter Ehlermann
Publisher: Bloomsbury Publishing
Total Pages: 768
Release: 2007-03-12
Genre: Law
ISBN: 1847313558

This is the tenth in a series of volumes based on the annual workshops on EU Competition Law and Policy held at the Robert Schuman Centre of the European University Institute in Florence. The volume reproduces the materials of the roundtable debate which examined the interaction between competition law and intellectual property law. The workshop participants - a group of senior representatives of the Commission and the national competition authorities of some EC Member States, reknowned international academics and legal practitioners - discussed the economic and legal issues that arise in this particular area of application of the EC competition rules, under the following headings: 1) whether the characteristics of intellectual property products/markets justify special treatment under the competition rules; 2) a critical assessment of the Block Exemption Regulation and corresponding Guidelines recently adopted in this area of EC competition law enforcement; 3) the specific enforcement issues that arise in relation to patent pools and collecting societies; and 4) specific problems related to IP in the domains of merger control and application of Article 82 EC.