An International Perspective on Design Protection of Visible Spare Parts

Autoren: Beldiman, Dana, Blanke-Roeser, Constantin

Vorschau

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

eBook 44,02 €

Preis für Deutschland (Brutto)

eBook kaufen

Softcover 58,84 €

Preis für Deutschland (Brutto)

Softcover kaufen

Über dieses Buch: 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.

Alles zeigen

Inhaltsverzeichnis (8 Kapitel)