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Book synopsis

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.

Book details

Book category Books in English Law International law Public international law

• Full title: International Perspective on Design Protection of Visible Spare Parts
• Author: Dana Beldiman, Constantin Blanke-Roeser
• Language: English
• Binding: Paperback
• Number of pages: 132
• EAN: 9783319540597
• ISBN: 3319540599
• ID: 15789123
• Publisher: Springer International Publishing AG
• Weight: 238 g
• Dimensions: 235 × 155 × 7 mm
• Date of publishing: 13. April 2017

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