Intellectual Property Law in Austria

Intellectual Property Law in Austria PDF

Author: Dieter Heine

Publisher: Kluwer Law International B.V.

Published: 2017-08-21

Total Pages: 296

ISBN-13: 904119245X

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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 Austria. 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 Austria will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

Security Rights in Intellectual Property

Security Rights in Intellectual Property PDF

Author: Eva-Maria Kieninger

Publisher: Springer Nature

Published: 2020-06-11

Total Pages: 711

ISBN-13: 3030441911

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This book discusses the main legal and economic challenges to the creation and enforcement of security rights in intellectual property and explores possible avenues of reform, such as more specific rules for security in IP rights and better coordination between intellectual property law and secured transactions law. In the context of business financing, intellectual property rights are still only reluctantly used as collateral, and on a small scale. If they are used at all, it is mostly done in the form of a floating charge or some other “all-asset” security right. The only sector in which security rights in intellectual property play a major role, at least in some jurisdictions, is the financing of movies. On the other hand, it is virtually undisputed that security rights in intellectual property could be economically valuable, or even crucial, for small and medium-sized enterprises – especially for start-ups, which are often very innovative and creative, but have limited access to corporate financing and must rely on capital markets (securitization, capital market). Therefore, they need to secure bank loans, yet lack their own traditional collateral, such as land.

Intellectual Property and Private International Law

Intellectual Property and Private International Law PDF

Author: Toshiyuki Kono

Publisher: Bloomsbury Publishing

Published: 2012-06-29

Total Pages: 1138

ISBN-13: 184731970X

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'Intellectual property and private international law' was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington (July 2010). This volume contains the General Report and 20 National Reports covering Canada, US, Japan, Korea, India and a number of European countries (Austria, France, Germany, UK, Spain etc). The General Report was prepared on the basis of National Reports. The national reporters not only describe the existing legal framework, but also provide answers for up to 12 hypothetical cases concerning international jurisdiction, choice-of-law and recognition and enforcement of foreign judgments in multi-state IP disputes. Based on their answers the main differences between legal systems as well as the shortcomings of the cross-border enforcement of IP rights are outlined in the General Report. The Reports in this volume analyse relevant court decisions as well as recent legislative proposals (such as the ALI, CLIP, Transparency, Waseda and Korean Principles). This book is therefore a significant contribution to the existing debate in the field and will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context.

Intellectual Property Law in the European Community

Intellectual Property Law in the European Community PDF

Author: Angus Phang

Publisher: WorldTrade Executive, Inc.

Published: 2004

Total Pages: 420

ISBN-13: 9781893323537

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This report, which includes contributions from 24 leading intellectual property attorneys throughout Europe, covers the fundamentals of intellectual property protection law and practice in each of the member countries of the European Community. (Legal Reference/Law Profession)

Intellectual Property Law in Austria

Intellectual Property Law in Austria PDF

Author: Dieter Heine

Publisher: Kluwer Law International B.V.

Published: 2023-09-25

Total Pages: 312

ISBN-13: 9403512075

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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 Austria. 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 Austria will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

European Intellectual Property Law

European Intellectual Property Law PDF

Author: Annette Kur

Publisher: Edward Elgar Publishing

Published: 2019-12-27

Total Pages: 614

ISBN-13: 1785361554

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The second edition of this popular textbook has been thoroughly revised, expanded and updated in order to reflect the recent extensive changes in European IP legislation. Providing an in-depth examination of the core areas of IP law, from copyright, patents and trademarks through to the protection of plant varieties and industrial design, it is perfectly pitched to guide the reader through the complexities of the European IP system.

Governance of Intellectual Property Rights in China and Europe

Governance of Intellectual Property Rights in China and Europe PDF

Author: Nari Lee, Niklas Bruun

Publisher: Edward Elgar Publishing

Published: 2016-01-29

Total Pages: 416

ISBN-13: 1783478217

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Intellectual property (IP) law has been widely discussed in recent scholarship, though many recent works explore the topic from a largely descriptive perspective. This book provides an analytical and comparative study of Chinese and European IP law, as well as an analysis of system reforms in China. The book highlights, in three parts, intellectual property for innovation and creativity in China, comparing concepts and norms in Chinese and European IP law, and governance of practices and IP enforcement. Demonstrating that the governance of IP rights requires the adoption of a set of norms, the contributors also argue that success is dependent on a transformation of the perspectives and implementation. Students and scholars of IP law, and Chinese IP law in particular, will find this book to be a valuable resource to their work. It will also be of interest to IP practitioners looking for an insight into system reforms in China.

Enforcement of Intellectual Property Rights in the EU Member States

Enforcement of Intellectual Property Rights in the EU Member States PDF

Author: Flip Petillion

Publisher:

Published: 2019

Total Pages: 0

ISBN-13: 9781780686813

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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.

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