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Exhaustion Of Intellectual Property Rights
The exhaustion of intellectual property rights constitutes one of the limits of intellectual property (IP) rights. Once a given product has been sold under the authorization of the IP owner, the reselling, rental, lending and other third party commercial uses of IP-protected goods in domestic and international markets are governed by the principle. After a product covered by an IP right, such as by a patent right, has been sold by the IP right owner or by others with the consent of the owner, the IP right is said to be exhausted. It can no longer be exercised by the owner. This limitation is also referred to as the exhaustion doctrine or first sale doctrine. For example, if an inventor obtains a patent on a new kind of umbrella, the inventor (or anyone else to whom he sells his patent) can legally prohibit other companies from making and selling this kind of umbrella, but cannot prohibit customers who have bought this umbrella from the patent owner from reselling the umbrella to thir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intellectual Property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of the world's List of national legal systems, legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. Supporters of intellectual property laws often describe their main purpose as encouragin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Software Patent
A software patent is a patent on a piece of software, such as a computer program, library, user interface, or algorithm. The validity of these patents can be difficult to evaluate, as software is often at once a product of engineering, something typically eligible for patents, and an abstract concept, which is typically not. This gray area, along with the difficulty of patent evaluation for intangible, technical works such as libraries and algorithms, makes software patents a frequent subject of controversy and litigation. Different jurisdictions have radically different policies concerning software patents, including a blanket ban, no restrictions, or attempts to distinguish between purely mathematical constructs and "embodiments" of these constructs. For example, an algorithm itself may be judged unpatentable, but its use in software judged patentable. Background A patent is a set of exclusionary rights granted by a state to a patent holder for a limited period of time, usual ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
FOSDEM
Free and Open source Software Developers' European Meeting (FOSDEM) is an annual software engineering conference. It is non-commercial and volunteer-organized with a focus on free and open-source software. Initiated in 2000, it is usually held during the first weekend of February, at the of the Université Libre de Bruxelles (ULB) in the southeast of Brussels, Brussels, Belgium. History FOSDEM was started in 2000 under the name Open Source Developers of Europe Meeting (OSDEM) by Raphael Bauduin. Bauduin said that since he felt he lacked the brains to properly contribute to the open-source community, he wanted to contribute by launching a European event in Brussels. Bauduin teamed up with Damien Sandras. The team repeated the event. The F (of FOSDEM) was added at the request of Richard Stallman. The Free Software Foundation's ceremony for the Award for the Advancement of Free Software was held at FOSDEM from 2002 to 2006 (for the awards for 2001 to 2005). The event has be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Agreement On Trade-Related Aspects Of Intellectual Property Rights
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement, international legal agreement between all the member nations of the World Trade Organization (WTO). It establishes minimum standards for the regulation by national governments of different forms of intellectual property (IP) as applied to nationals of other WTO member nations. TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO. The TRIPS agreement introduced intellectual property law into the multilateral trading system for the first time and remains the most comprehensive multilateral agreement on intellectual property to date. In 2001, developing countries, concerned that developed countries were insisting on an overly narrow reading of TRIPS, initiated a round of talks that resulted in the Doha Declaration on the TRIPS agreement and public health, Doha Declarati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
World Trade Organization
The World Trade Organization (WTO) is an intergovernmental organization headquartered in Geneva, Switzerland that regulates and facilitates international trade. Governments use the organization to establish, revise, and enforce the rules that govern international trade in cooperation with the United Nations System. The WTO is the world's largest international economic organization, with 166 members representing over 98% of global trade and global GDP. The WTO facilitates trade in goods, trade in services, services and intellectual property among participating countries by providing a framework for negotiating trade agreements, which usually aim to reduce or eliminate tariffs, Import quota, quotas, and other Trade barrier, restrictions; these agreements are signed by representatives of member governments. (The document's printed folio numbers do not match the PDF page numbers.) and ratified by their legislatures. It also administers independent dispute resolution for enforcing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brexit
Brexit (, a portmanteau of "Britain" and "Exit") was the Withdrawal from the European Union, withdrawal of the United Kingdom (UK) from the European Union (EU). Brexit officially took place at 23:00 GMT on 31 January 2020 (00:00 1 February 2020 Central European Time, CET). The UK, which joined the EU's precursors the European Communities (EC) on 1 January 1973, is the only member state to have withdrawn from the EU, although the territories of Greenland (part of the Kingdom of Denmark) previously left the EC in 1985 and Algeria (formerly French Algeria, part of France) left in 1976. Following Brexit, EU law and the Court of Justice of the European Union no longer have Primacy of European Union law, primacy over British laws but the UK remains legally bound by obligations in the various treaties it has with other countries around the world, including many with EU member states and indeed with the EU itself. The European Union (Withdrawal) Act 2018 retains relevant EU law as La ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright Directive
Copyright law within the European Union is largely Harmonisation of law, harmonized, although differences between Member state of the European Union, member states exist. The body of law was implemented in the EU through a number of Directive (European Union), directives, which the member states need to enact into their national law. The main copyright directives are the Copyright Term Directive 2006, the Information Society Directive and the Directive on Copyright in the Digital Single Market. Copyright in the Union is furthermore dependent on international conventions to which the European Union or their member states are part of, such as TRIPS Agreement or the Berne Convention. History Attempts to harmonise copyright law in Europe (and beyond) can be dated to the signature of the Berne Convention for the Protection of Literary and Artistic Works on 9 September 1886: all European Union Member States are parties of the Berne Convention, and compliance with its dispositions is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exhaustion Doctrine Under U
Exhaust, exhaustive, or exhaustion may refer to: Law * Exhaustion of intellectual property rights, limits to intellectual property rights in patent and copyright law **Exhaustion doctrine, in patent law ** Exhaustion doctrine under U.S. law, in patent law * Exhaustion of remedies, restrictions on opening a new lawsuit while an original suit is pending Mathematics *Brute-force attack, a cryptanalytic attack, also known as exhaustive key search *Collectively exhaustive, in probability and set theory, a collection of sets whose union equals the complete space * Exhaustion by compact sets, in analysis, a sequence of compact sets that converges on a given set *Method of exhaustion, in geometry, finding the area of a shape by approximating it with polygons *Proof by exhaustion, proof by examining all individual cases Medicine *Fatigue, a weariness caused by exertion * Adrenal exhaustion or hypoadrenia, a hypothesized maladaption of the adrenal glands *Heat exhaustion or hyperthermia, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
First-sale Doctrine
The first-sale doctrine (also sometimes referred to as the "right of first sale" or the "first sale rule") is a legal concept that limits the rights of an intellectual property owner to control resale of products embodying its intellectual property. The doctrine enables the distribution chain of copyrighted products, library lending, giving, video rentals and secondary markets for copyrighted works (for example, enabling individuals to sell their legally purchased books or CDs to others). In trademark law, this same doctrine enables reselling of trademarked products after the trademark holder puts the products on the market. In the case of patented products, the doctrine allows resale of patented products without any control from the patent holder. The first sale doctrine does not apply to patented processes, which are instead governed by the patent exhaustion doctrine. Overview of copyright law application Copyright law grants a copyright owner an exclusive right "to distribut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
