Heath / Sanders Spares, Repairs and Intellectual Property Rights

IEEM International Intellectual Property Programmes
Erscheinungsjahr 2009
ISBN: 978-90-411-5574-0
Verlag: Wolters Kluwer
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 248 Seiten, Web PDF

Although supplying spare and replacement parts and providing repair services

form the basis of many legitimate businesses, many manufacturing enterprises

seek to augment the competitive advantage realized at the market stage of

selling their main products by attempting to monopolize the market for spares,

repairs and refills. Increasingly, companies are using intellectual property

laws to devise up-front business strategies to gain exclusive rights in the

components of their products.

This is the first in-depth analysis of the law in this relatively new and

rapidly developing area of practice. It sheds clear light on the conflicting

interests of manufacturers, consumers, spare parts makers and the general

public; explores the extent to which this kind of business strategy can be

more or less successful with respect to the different rights involved, and in

different jurisdictions; and highlights the competition issues that inevitably

arise. The essays included are revised and updated versions of papers

presented at the seventh (2006) of the innovative IP conference organized

annually by the Macau Institute of European Studies (IEEM) on intellectual

property law and the economic challenges for Asia.

Among the topics and issues covered are the following:

;

-

notions of ‘repair’ and ‘recycle’ and their legal effects;

-

the limits of IP rights in relation to repair and recycle;

-

legal limits of end user licence agreements (EULAs) and technological

protection measures (TPMs);

-

patent exhaustion on repair and recycling;

-

alteration of product ‘identity’;

-

the concept of ‘indirect’ or ‘contributory’ infringement;

-

design law strategies; and

-

secondary market definitions.

The authors give detailed attention to cases in various jurisdictions that

have guided and continue to guide business strategies in the field.

Jurisdictions treated include the EU, the US, the UK, Germany, the

Netherlands, China, Hong Kong, Japan, and Korea.

In its clarification of the limits and possibilities of business strategies in

this area of competition that is just beginning to attract attention, this

book will be of great value not only to intellectual property law

practitioners but to business people in nearly any field of production,

especially where cross-border marketing is involved.

Autoren/Hrsg.

Heath, Christopher

Sanders, Anselm Kamperman

Fachgebiete

• Rechtswissenschaften Wirtschaftsrecht Gewerblicher Rechtsschutz Gewerblicher Rechtsschutz allg., Marken- und Kennzeichenrecht