European Software Directives and European Software Patents

European Software Directives and European Software Patents

Author: Alexandru Cristian Strenc

Publisher: Kluwer Law International B.V.

Published: 2022-06-20

Total Pages: 254

ISBN-13: 9403546409

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in European Software Directives and European Software Patents. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in European Software Directives and European Software Patents will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.


Book Synopsis European Software Directives and European Software Patents by : Alexandru Cristian Strenc

Download or read book European Software Directives and European Software Patents written by Alexandru Cristian Strenc and published by Kluwer Law International B.V.. This book was released on 2022-06-20 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in European Software Directives and European Software Patents. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in European Software Directives and European Software Patents will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

Software and Patents in Europe

Software and Patents in Europe

Author: Philip Leith

Publisher: Cambridge University Press

Published: 2011-06-30

Total Pages: 0

ISBN-13: 9780521329620

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The computer program exclusion from Article 52 of the European Patent Convention (EPC) proved impossible to uphold as industry moved over to digital technology, and the Boards of Appeal of the European Patent Organisation (EPO) felt emboldened to circumvent the EPC in Vicom by creating the legal fiction of 'technical effect'. This 'engineer's solution' emphasised that protection should be available for a device, a situation which has led to software and business methods being protected throughout Europe when the form of application, rather than the substance, is acceptable. Since the Article 52 exclusion has effectively vanished, this text examines what makes examination of software invention difficult and what leads to such energetic opposition to protecting inventive activity in the software field. Leith advocates a more programming-centric approach, which recognises that software examination requires different strategies from that of other technical fields.


Book Synopsis Software and Patents in Europe by : Philip Leith

Download or read book Software and Patents in Europe written by Philip Leith and published by Cambridge University Press. This book was released on 2011-06-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The computer program exclusion from Article 52 of the European Patent Convention (EPC) proved impossible to uphold as industry moved over to digital technology, and the Boards of Appeal of the European Patent Organisation (EPO) felt emboldened to circumvent the EPC in Vicom by creating the legal fiction of 'technical effect'. This 'engineer's solution' emphasised that protection should be available for a device, a situation which has led to software and business methods being protected throughout Europe when the form of application, rather than the substance, is acceptable. Since the Article 52 exclusion has effectively vanished, this text examines what makes examination of software invention difficult and what leads to such energetic opposition to protecting inventive activity in the software field. Leith advocates a more programming-centric approach, which recognises that software examination requires different strategies from that of other technical fields.

Software Patents

Software Patents

Author: Knut Blind

Publisher: Edward Elgar Publishing

Published: 2005-01-01

Total Pages: 232

ISBN-13: 9781781958940

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There has been continued debate in Europe over whether to change the patentability of software - or so-called computer-implemented inventions - and to follow the US model of allowing software patents. The European debate has shown a severe lack of empirical analysis on the possible impact of software patenting that goes beyond interest-driven rhetoric. This book seeks to address this shortcoming by taking a two-fold approach. Firstly, a survey of German software companies provides a representative overview of both general strategies to protect inventions and opinions regarding the future IPR regime in the context of innovation strategies - including the importance and use of Open Source software. Secondly, a series of case studies illustrate the varying impacts that patents and other protection strategies can have in specific contexts. This book provides both a theoretical overview of the economic impacts and policy implications of software patents, and an empirical foundation upon which to base a discussion on how to shape the intellectual property regime for software.


Book Synopsis Software Patents by : Knut Blind

Download or read book Software Patents written by Knut Blind and published by Edward Elgar Publishing. This book was released on 2005-01-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been continued debate in Europe over whether to change the patentability of software - or so-called computer-implemented inventions - and to follow the US model of allowing software patents. The European debate has shown a severe lack of empirical analysis on the possible impact of software patenting that goes beyond interest-driven rhetoric. This book seeks to address this shortcoming by taking a two-fold approach. Firstly, a survey of German software companies provides a representative overview of both general strategies to protect inventions and opinions regarding the future IPR regime in the context of innovation strategies - including the importance and use of Open Source software. Secondly, a series of case studies illustrate the varying impacts that patents and other protection strategies can have in specific contexts. This book provides both a theoretical overview of the economic impacts and policy implications of software patents, and an empirical foundation upon which to base a discussion on how to shape the intellectual property regime for software.

Not So Patently Obvious

Not So Patently Obvious

Author: Eric Stasik

Publisher:

Published: 2007

Total Pages: 0

ISBN-13: 9781932813982

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Not so Patently Obvious provides a brief history of patenting software in the U.S. and Europe and the Trouble with Patents in the Digital Age. When the software industry was young, software patents did not exist. The USPTO didn't issue its first software patent until 1981. Since then, tens of thousands of software patents have been issued on both sides of the Atlantic. Anyone can be an infringer, and many are. Microsoft is reported to be, at any given time, defending themselves against 30 to 35 patent infringement lawsuits. It has been suggested that the Linux kernel might infringe as many as 283 U.S. patents. Blockbuster awards, such as the $450 Microsoft was ordered to pay a tiny patent holding company named Eolas, are fundamentally changing the way the software industry does business. Economists, politicians, scientists, academics, legal experts, engineers, and computer programmers are all asking if this proliferation of software patents makes any sense. There is a growing unease that the patent system has derailed and is going to take the software industry off the tracks with it. At the same time it is increasingly clear that without patent protection, it is impossible to protect the competitive advantages that result from technical innovations in software technology. These two points of view collided last year in the European Parliament's debate over the European Commission's Directive for Computer Implemented Inventions. A bitter and implacable row erupted over the Commission's Directive which was defeated with both sides claiming victory. This book steps away from the rancour of the debate over software patents and takes a fresh look at the issue. Eric Stasik, author of Patent or Perish, and founder of the patent engineering firm Patent08 (www.patent08.com), takes the reader through a brief history of software patents, explains some of the problems this has created, and illustrates why society still struggles with what Thomas Jefferson described as "the difficulty of drawing a line between the things which are worth the public embarrassment of an exclusive patent, and those which are not." As Jefferson realized, the answer is not so patently obvious.


Book Synopsis Not So Patently Obvious by : Eric Stasik

Download or read book Not So Patently Obvious written by Eric Stasik and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not so Patently Obvious provides a brief history of patenting software in the U.S. and Europe and the Trouble with Patents in the Digital Age. When the software industry was young, software patents did not exist. The USPTO didn't issue its first software patent until 1981. Since then, tens of thousands of software patents have been issued on both sides of the Atlantic. Anyone can be an infringer, and many are. Microsoft is reported to be, at any given time, defending themselves against 30 to 35 patent infringement lawsuits. It has been suggested that the Linux kernel might infringe as many as 283 U.S. patents. Blockbuster awards, such as the $450 Microsoft was ordered to pay a tiny patent holding company named Eolas, are fundamentally changing the way the software industry does business. Economists, politicians, scientists, academics, legal experts, engineers, and computer programmers are all asking if this proliferation of software patents makes any sense. There is a growing unease that the patent system has derailed and is going to take the software industry off the tracks with it. At the same time it is increasingly clear that without patent protection, it is impossible to protect the competitive advantages that result from technical innovations in software technology. These two points of view collided last year in the European Parliament's debate over the European Commission's Directive for Computer Implemented Inventions. A bitter and implacable row erupted over the Commission's Directive which was defeated with both sides claiming victory. This book steps away from the rancour of the debate over software patents and takes a fresh look at the issue. Eric Stasik, author of Patent or Perish, and founder of the patent engineering firm Patent08 (www.patent08.com), takes the reader through a brief history of software patents, explains some of the problems this has created, and illustrates why society still struggles with what Thomas Jefferson described as "the difficulty of drawing a line between the things which are worth the public embarrassment of an exclusive patent, and those which are not." As Jefferson realized, the answer is not so patently obvious.

Strategic Patent Planning for Software Companies

Strategic Patent Planning for Software Companies

Author: Eric Stasik

Publisher: Althos Incorporated

Published: 2004

Total Pages: 60

ISBN-13: 9781932813326

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Strategic Patent Planning for Software Companies looks at the current patent and licensing strategies used by successful companies that develop and market software. This book discusses the current status of international patent protection as regards computer-implemented inventions (CII), explains why copyright is inadequate, and describes how patents are being used by Microsoft and the Apache Software Foundation to support a wide range of business objectives. Over the past decade extensions in the scope of patent protection to include computer-implemented inventions have generated controversy, concern, and a great deal of hyperbole. In Europe the debate over "software patents" has been bitter and rancorous and the directive to harmonize European patent law with EPO practice faces an uncertain future. The business approach of this book is highlighted by a comprehensive listing of strategic business objectives which patents can be used to support. You will discover how patents have become uniquely versatile business tools. By examining the patent strategies employed by others, you can better understand the needs of your own company and how you too can use patents to gain and maintain competitive advantages.


Book Synopsis Strategic Patent Planning for Software Companies by : Eric Stasik

Download or read book Strategic Patent Planning for Software Companies written by Eric Stasik and published by Althos Incorporated. This book was released on 2004 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strategic Patent Planning for Software Companies looks at the current patent and licensing strategies used by successful companies that develop and market software. This book discusses the current status of international patent protection as regards computer-implemented inventions (CII), explains why copyright is inadequate, and describes how patents are being used by Microsoft and the Apache Software Foundation to support a wide range of business objectives. Over the past decade extensions in the scope of patent protection to include computer-implemented inventions have generated controversy, concern, and a great deal of hyperbole. In Europe the debate over "software patents" has been bitter and rancorous and the directive to harmonize European patent law with EPO practice faces an uncertain future. The business approach of this book is highlighted by a comprehensive listing of strategic business objectives which patents can be used to support. You will discover how patents have become uniquely versatile business tools. By examining the patent strategies employed by others, you can better understand the needs of your own company and how you too can use patents to gain and maintain competitive advantages.

European Patent Convention

European Patent Convention

Author: Alexandru Cristian Strenc

Publisher: Kluwer Law International B.V.

Published: 2018-10-23

Total Pages: 174

ISBN-13: 9403501839

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property law in the European Patent Convention (EPC), following generally the structure of the legal provisions, with a special focus on the patentability and patenting procedure. The monograph addresses not only the Convention’s core business, but also the work of its coordinating and implementing bodies, the European Patent Organization (EPOrg) and the European Patent Office (EPO). The concise presentation and interpretation of all relevant texts includes those considered “additional” but which, according to article 164(1) EPC, are in fact integral parts of the Convention – the Implementing Regulation and the Protocols on the Interpretation of Article 69 EPC and on Centralisation, Recognition, Privileges and Immunities, and the Staff Complement. Particular attention is paid throughout to issues arising from the relationship between the EPC and other relevant international and European laws and to recent developments and trends, especially in connection with the unitary patent system. The monograph also includes limited but relevant discussion of the historical development of the bases of the European patent system up to the success story of today. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions and scope of protection, ownership, transfer of rights, licenses, scope of exclusive rights, limitations, exemptions, duration of protection, and infringement. A broad selection of EPO case law clarifies in the most adequate way the substance of the European patent system, as directly originating from it. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers and patent attorneys representing parties with interests in the European Patent Convention will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.


Book Synopsis European Patent Convention by : Alexandru Cristian Strenc

Download or read book European Patent Convention written by Alexandru Cristian Strenc and published by Kluwer Law International B.V.. This book was released on 2018-10-23 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property law in the European Patent Convention (EPC), following generally the structure of the legal provisions, with a special focus on the patentability and patenting procedure. The monograph addresses not only the Convention’s core business, but also the work of its coordinating and implementing bodies, the European Patent Organization (EPOrg) and the European Patent Office (EPO). The concise presentation and interpretation of all relevant texts includes those considered “additional” but which, according to article 164(1) EPC, are in fact integral parts of the Convention – the Implementing Regulation and the Protocols on the Interpretation of Article 69 EPC and on Centralisation, Recognition, Privileges and Immunities, and the Staff Complement. Particular attention is paid throughout to issues arising from the relationship between the EPC and other relevant international and European laws and to recent developments and trends, especially in connection with the unitary patent system. The monograph also includes limited but relevant discussion of the historical development of the bases of the European patent system up to the success story of today. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions and scope of protection, ownership, transfer of rights, licenses, scope of exclusive rights, limitations, exemptions, duration of protection, and infringement. A broad selection of EPO case law clarifies in the most adequate way the substance of the European patent system, as directly originating from it. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers and patent attorneys representing parties with interests in the European Patent Convention will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

What is Protected in a Computer Program

What is Protected in a Computer Program

Author: Josef Drexl

Publisher: Wiley-VCH

Published: 1994-11-29

Total Pages: 152

ISBN-13:

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The first few years of the 90s have been extremely important for the development of software copyright both in the United States and Europe. In the United States, major decisions redefined the idea/expression dichotomy in different cases. In Europe, countries are still in the process of harmonizing their national laws with the EC Software Directive. The study compares traditional and evolving copyright standards as applied to computer programs on both sides of the Atlantic. It may well be said that recent case law has brought America closer to Europe. On the other hand, American experience turns out to be a useful guideline for distinguishing between the concepts of idea and expression in the sense of the software directive.


Book Synopsis What is Protected in a Computer Program by : Josef Drexl

Download or read book What is Protected in a Computer Program written by Josef Drexl and published by Wiley-VCH. This book was released on 1994-11-29 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first few years of the 90s have been extremely important for the development of software copyright both in the United States and Europe. In the United States, major decisions redefined the idea/expression dichotomy in different cases. In Europe, countries are still in the process of harmonizing their national laws with the EC Software Directive. The study compares traditional and evolving copyright standards as applied to computer programs on both sides of the Atlantic. It may well be said that recent case law has brought America closer to Europe. On the other hand, American experience turns out to be a useful guideline for distinguishing between the concepts of idea and expression in the sense of the software directive.

A Handbook of European Software Law

A Handbook of European Software Law

Author: Michael Lehmann

Publisher: Oxford University Press

Published: 1993

Total Pages: 239

ISBN-13: 9780198257547

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This is the first comprehensive examination of the EC Council Directive on the Legal Protection of Computer Programs. Written by a highly qualified team of experts including lawyers, professors, and members of the EC Commission, A Handbook of European Software Law is an indispensable, easy-to-use reference that provides both an overview of the law in each jurisdiction as well as full reports from each of the EC member states. The editors address the legislative history of the Directive, its importance in the UK and as seen from the US, the international effect of the Directive, and its significance within the general European framework for the protection of intellectual property. This authoritative handbook is an invaluable reference for lawyers specializing in computer law, software law, intellectual property law, and EC law, lawyers representing computer software and hardware designers and manufacturers, as well as professors and researchers of intellectual property law.


Book Synopsis A Handbook of European Software Law by : Michael Lehmann

Download or read book A Handbook of European Software Law written by Michael Lehmann and published by Oxford University Press. This book was released on 1993 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive examination of the EC Council Directive on the Legal Protection of Computer Programs. Written by a highly qualified team of experts including lawyers, professors, and members of the EC Commission, A Handbook of European Software Law is an indispensable, easy-to-use reference that provides both an overview of the law in each jurisdiction as well as full reports from each of the EC member states. The editors address the legislative history of the Directive, its importance in the UK and as seen from the US, the international effect of the Directive, and its significance within the general European framework for the protection of intellectual property. This authoritative handbook is an invaluable reference for lawyers specializing in computer law, software law, intellectual property law, and EC law, lawyers representing computer software and hardware designers and manufacturers, as well as professors and researchers of intellectual property law.

Copyright Software

Copyright Software

Author: Herald Jongen

Publisher: Springer

Published: 1994

Total Pages: 280

ISBN-13:

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In this book, specialists from each Member State of the EC describe the copyright provisions of their country (both in general and in respect to software), and provide a detailed description of the way in which their country has enacted or intends to enact the Directive. Most of the contributions contain a translation of the relevant statutory provisions.


Book Synopsis Copyright Software by : Herald Jongen

Download or read book Copyright Software written by Herald Jongen and published by Springer. This book was released on 1994 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, specialists from each Member State of the EC describe the copyright provisions of their country (both in general and in respect to software), and provide a detailed description of the way in which their country has enacted or intends to enact the Directive. Most of the contributions contain a translation of the relevant statutory provisions.

Biotechnology and Software Patent Law

Biotechnology and Software Patent Law

Author: Arezzo, E. Ghidini, G.

Publisher: Edward Elgar Publishing

Published: 2011

Total Pages: 361

ISBN-13: 0857938037

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'The art of editing is to bring contributions together, which melt into one book. This is what Emanuela Arezzo and Gustavo Ghidini have achieved with their own critical mind by composing a book of papers, in which internationally renowned experts measure the tensions created for the patent system by the needs and problems of protecting biotechnological and software inventions. All together, they present a comparative law challenge to the very fundaments of patent protection. As such, they are or may become a "must read".' Hanns Ullrich, College of Europe, Bruges, Belgium 'Arezzo and Ghidini have put together a fine collection of essays addressing developments in patent law from general themes to emerging ones in the infotech and biotech sectors. It is notable that the international array of authors includes contributions from both established and rising young scholars, all of them ably tackling difficult issues that merit our attention.' Rudolph J.R. Peritz, New York Law School, US The new millennium has carried several challenges for patent law. This up-to-date book provides readers with an important overview of the most critical issues patent law is still facing today at the beginning of the twenty first century, on both sides of the Atlantic. New technological sectors have emerged, each one with its own features with regard to innovation process and pace. From the most controversial cases in biotech to the most recent decisions in the field of software and business methods patent, patent law has tried to stretch its boundaries in a way to accommodate such new and controversial subject matters into its realm. Biotechnology and Software Patent Law will strongly appeal to postgraduate students specializing in IP law, international law, commercial and business law, competition law as well as IP scholars, academics and lawyers.


Book Synopsis Biotechnology and Software Patent Law by : Arezzo, E. Ghidini, G.

Download or read book Biotechnology and Software Patent Law written by Arezzo, E. Ghidini, G. and published by Edward Elgar Publishing. This book was released on 2011 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The art of editing is to bring contributions together, which melt into one book. This is what Emanuela Arezzo and Gustavo Ghidini have achieved with their own critical mind by composing a book of papers, in which internationally renowned experts measure the tensions created for the patent system by the needs and problems of protecting biotechnological and software inventions. All together, they present a comparative law challenge to the very fundaments of patent protection. As such, they are or may become a "must read".' Hanns Ullrich, College of Europe, Bruges, Belgium 'Arezzo and Ghidini have put together a fine collection of essays addressing developments in patent law from general themes to emerging ones in the infotech and biotech sectors. It is notable that the international array of authors includes contributions from both established and rising young scholars, all of them ably tackling difficult issues that merit our attention.' Rudolph J.R. Peritz, New York Law School, US The new millennium has carried several challenges for patent law. This up-to-date book provides readers with an important overview of the most critical issues patent law is still facing today at the beginning of the twenty first century, on both sides of the Atlantic. New technological sectors have emerged, each one with its own features with regard to innovation process and pace. From the most controversial cases in biotech to the most recent decisions in the field of software and business methods patent, patent law has tried to stretch its boundaries in a way to accommodate such new and controversial subject matters into its realm. Biotechnology and Software Patent Law will strongly appeal to postgraduate students specializing in IP law, international law, commercial and business law, competition law as well as IP scholars, academics and lawyers.