SpringerBriefs in Law

An International Perspective on Design Protection of Visible Spare Parts

Authors: Beldiman, Dana, Blanke-Roeser, Constantin

  • Discusses a topical unresolved policy issue relating to an economically significant market
    Comparatively analyses EU and US law on the subject 
    Proposes concrete considerations for compromise

Buy this book

eBook 44,02 €
price for Spain (gross)
  • ISBN 978-3-319-54060-3
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Softcover 57,19 €
price for Spain (gross)
  • ISBN 978-3-319-54059-7
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
About this book

This  publication examines the legal aspects of the spare parts market from an IP perspective: specifically whether design protection for spare parts of a complex product extends to the spare part aftermarket, or whether that market should remain open to competition. The stakeholders’ equally weighty arguments that must be balanced against are, on the one hand, the property interest in an earned IP right in the design of the part; and on the other, enhanced competition, likely reflected in lower prices. The mounting tension between these two positions is manifest an increased number of lawsuits in both the US and the EU.
This book provides a discussion of the legal issues involved in this debate from a global perspective, with special focus on the EU and the US.  Part I contextualizes the legal debate by discussing the historical background, the competitive situation and the respective stakeholder positions. Part II examines the relevant legal questions on a comparative basis, evaluating the likelihood of its adoption in the jurisdictions examined. Concluding that adoption is unlikely, Part III proposes a number of possible considerations meant to further compromise. Part IV concludes with a future outlook, specifically in light of the impact of technological development on this market.

Table of contents (8 chapters)

  • Introduction

    Beldiman, Dana (et al.)

    Pages 1-3

    Preview Buy Chapter 30,19 €
  • Business Aspects of the Spare Parts Industry

    Beldiman, Dana (et al.)

    Pages 5-13

    Preview Buy Chapter 30,19 €
  • Design Protection Relating to Component Parts of Complex Products (Spare Parts) in the EU and the U.S.

    Beldiman, Dana (et al.)

    Pages 15-29

    Preview Buy Chapter 30,19 €
  • Legislative Efforts Relating to Design Law in the Context of Spare Parts

    Beldiman, Dana (et al.)

    Pages 31-53

    Preview Buy Chapter 30,19 €
  • Jurisprudence Relating to Design Law in the Context of Spare Parts

    Beldiman, Dana (et al.)

    Pages 55-83

    Preview Buy Chapter 30,19 €

Buy this book

eBook 44,02 €
price for Spain (gross)
  • ISBN 978-3-319-54060-3
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Softcover 57,19 €
price for Spain (gross)
  • ISBN 978-3-319-54059-7
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
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Bibliographic Information

Bibliographic Information
Book Title
An International Perspective on Design Protection of Visible Spare Parts
Authors
Series Title
SpringerBriefs in Law
Copyright
2017
Publisher
Springer International Publishing
Copyright Holder
The Author(s)
eBook ISBN
978-3-319-54060-3
DOI
10.1007/978-3-319-54060-3
Softcover ISBN
978-3-319-54059-7
Series ISSN
2192-855X
Edition Number
1
Number of Pages
XV, 132
Topics