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The Scope and Limits of Protection for Distinctive Signs against the Community Design

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Book Series: Munich Intellectual Property Law Center - MIPLC ISBN: 9783845243856 Year: Volume: 17 DOI: http://dx.doi.org/10.5771/9783845243856 Language: en
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
Added to DOAB on : 2018-11-05 12:58:39
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This book addresses the application and the implications of Art. 25(1)(e) CDR - the basis for invalidation of a Community design on the basis of infringement of a prior distinctive sign. This potentially attractive provision, allowing for an invalidation with reference to various legal provisions, results to date in a lower number of invalidations than Art. 25(1)(b) CDR - the other basis for invalidation available for the owners of distinctive signs.

The Effects of Trademark Rights on the East African Common Market

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Book Series: Munich Intellectual Property Law Center – MIPLC ISBN: 9783845242156 Year: Volume: 16 Pages: 276 DOI: http://dx.doi.org/10.5771/9783845242156 Language: en
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
Added to DOAB on : 2018-11-05 12:58:39
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Trademark rights play a significant role in the proper functioning of a common market of a given regional bloc. Experience teaches that, unless national trade mark regimes of individual countries cooperating in a given regional bloc such as the East African Community (EAC) are integrated into a common market, trademark proprietors may invoke their intellectual property rights to dissect the common market into different national markets and in that way blocking the free movement of trademarked goods from one part of the common market to the other. This book is therefore intended as guideline when addressing the challenges posed on a regional common market by the absence of a common market for trademarked goods. The study provides for legal techniques through which the latter market may be established to compliment an existing common market as a policy choice in favour of the principle of free movement of goods. To this end, the book analyses key principles that govern the EU’s community trade mark system and determines the extent to which these principles may be adapted to suit the EAC common market.

The United States Bayh-Dole Act and its Effect on University Technology Transfer

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Book Series: Munich Intellectual Property Law Center - MIPLC ISBN: 9783845242217 Year: Volume: 18 DOI: http://dx.doi.org/10.5771/9783845242217 Language: en
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
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This publication discusses one of the most influential pieces of legislation relating to technology transfer in the United States: The Bayh-Dole Act. The publication discusses the history that led to the groundbreaking Act, characterizes strengths and weaknesses of the Act from an economic and a policy standpoint, and details the recent Supreme Court Stanford v. Roche case, which may carry implications to technology transfer in the future. The publication also compares technology transfer and the Bayh-Dole Act to technology transfer in other developed and developing countries, comparing and contrasting the technology transfer schemes.

Contextual Brand Valuation

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Book Series: Munich Intellectual Property Law Center – MIPLC ISBN: 9783845241890 Year: Volume: 15 Pages: 304 DOI: http://dx.doi.org/10.5771/9783845241890 Language: de
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
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Intangible Assets such as brands and other intellectual property (IP) are highly contextual and unique. There exist hardly any functioning market mechanisms for IP. For these reasons, IP valuation for strategic and prognostic, i.e. future-related, purposes is highly complex. This work aims at making a contribution to facilitate better handling of this complexity. It therefore firstly illuminates basic aspects of value which apply to all IP, before specifics of trade marks and brands are dealt with. The introduction of a new approach to IP valuation as well as an overview of legal dimensions of brand value constitute further key aspects of the work.

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2012 (4)