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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Spares, Repairs and Intellectual Property Rights

Edited by: Christopher Heath, Anselm Kamperman Sanders

ISBN13: 9789041131362
Published: September 2009
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £110.00

Despatched in 10 to 12 days.

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.

Intellectual Property Law
1. Rights Holders’ Control over Repair and Reconditioning,
D. Llewellyn and V. Barresi.
2. Repair and Recycle between IP Rights, End User Licence Agreements and Encryption,
E. Derclaye.
3. Repair and Recycle as Direct Patent Infringement,
M. Mohri.
4. Repair and Refill as Indirect Patent Infringement,
C. Heath.
5. Blocking Repair or Fair Use of Software? The US Perspectives on Anti-Circumvention,
A. Sun.
6. Trade Marks and Reconditioned Goods in Greater China and at Common Law,
M. Pendleton.
7. Repairs, Interconnections and Consumer Welfare in the Field of Design,
A. Firth.
8. Antitrust Considerations: Refusal to License Intellectual Property in the US and EC,
V. Korah.