An international perspective on design protection of visible spare parts

Resource Information

The work An international perspective on design protection of visible spare parts represents a distinct intellectual or artistic creation found in Biddle Law Library. This resource is a combination of several types including: Work, Language Material, Books.

Label

An international perspective on design protection of visible spare parts

Statement of responsibility

Dana Beldiman, Constantin Blanke-Roeser

Creator

• Beldiman, Dana, 1951-

Contributor

• Blanke-Roeser, Constantin

Author

• Blanke-Roeser, Constantin
• Beldiman, Dana, 1951-

Subject

• Spare parts -- Law and legislation
• Design protection -- European Union countries
• Spare parts -- Law and legislation -- European Union countries
• United States
• Europe -- European Union countries
• Spare parts -- Law and legislation -- United States
• Design protection
• Design protection -- United States

Language

eng

Summary

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

Member of

• SpringerBriefs in law

Cataloging source

LBRTY

Index

no index present

Literary form

non fiction

Nature of contents

bibliography

Series statement

Springer briefs in law