Book contents
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- Part II Coherence
- A Intellectual “Property” and its Limits
- B IP Overlaps
- 25 Intellectual Property in Transition: The Several Sides of Overlapping Copyright and Trademark Protection
- 26 Cultural Heritage and the Public Domain: What the US’s Myriad and Mayo can Teach Oslo’s Angry Boy
- 27 Public Order in the Light of Aesthetic Theory: The Copyright/Trademark Interface after Vigeland
- 28 Separability as Channeling: A Cautionary Tale
- 29 Novelty, Idea or New Meaning as Criteria for Copyright Protection? Transitions in Swedish Design Law
- 30 Examining Functionality
- 31 Substantial Value and the Concept of Shapes
- 32 Copyright and Patents on Software: The UPC’s Answer to an Old Problem of Intellectual Property Overlaps
- 33 Chopping off Hydra’s Heads: Spare Parts in EU Design and Trade Mark Law
- C (Un-)fairness
- Conclusion
- Cambridge Intellectual Property and Information Law
33 - Chopping off Hydra’s Heads: Spare Parts in EU Design and Trade Mark Law
from B - IP Overlaps
Published online by Cambridge University Press: 29 December 2020
- Transition and Coherence in Intellectual Property Law
- Cambridge Intellectual Property and Information Law
- Transition and Coherence in Intellectual Property Law
- Copyright page
- Contents
- Preface
- Greetings to Annette Kur from the Second Floor
- Annette Kur: Toward Understanding
- Part I Transition
- Part II Coherence
- A Intellectual “Property” and its Limits
- B IP Overlaps
- 25 Intellectual Property in Transition: The Several Sides of Overlapping Copyright and Trademark Protection
- 26 Cultural Heritage and the Public Domain: What the US’s Myriad and Mayo can Teach Oslo’s Angry Boy
- 27 Public Order in the Light of Aesthetic Theory: The Copyright/Trademark Interface after Vigeland
- 28 Separability as Channeling: A Cautionary Tale
- 29 Novelty, Idea or New Meaning as Criteria for Copyright Protection? Transitions in Swedish Design Law
- 30 Examining Functionality
- 31 Substantial Value and the Concept of Shapes
- 32 Copyright and Patents on Software: The UPC’s Answer to an Old Problem of Intellectual Property Overlaps
- 33 Chopping off Hydra’s Heads: Spare Parts in EU Design and Trade Mark Law
- C (Un-)fairness
- Conclusion
- Cambridge Intellectual Property and Information Law
Summary
Establishing a legal framework for the protection of interests with respect to spare parts has been a hot topic in EU intellectual property law for years, marked on the one hand by the economic policy of the European Union2, aiming at market liberalization and free competition, and on the other by the economic interests of individual Member States, not always concerned with the liberalization of spare parts markets3. The problem was solved in Europe partially at the stage of creating the principles of EU design protection in the form of a repair clause introduced only into the unitary design regime in Article 110(1) CDR4 and the compromise obligation set forth in Article 14 DD5 to maintain the status quo or alternatively to liberalize the national law in that regard (freeze plus clause).
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- Transition and Coherence in Intellectual Property LawEssays in Honour of Annette Kur, pp. 392 - 404Publisher: Cambridge University PressPrint publication year: 2021
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