Cover image for Handbook of European Intellectual Property Management : Developing, Managing and Protecting Your Company's Intellectual Property.
Handbook of European Intellectual Property Management : Developing, Managing and Protecting Your Company's Intellectual Property.
Title:
Handbook of European Intellectual Property Management : Developing, Managing and Protecting Your Company's Intellectual Property.
Author:
Jolly, Adam.
ISBN:
9780749458263
Personal Author:
Edition:
3rd ed.
Physical Description:
1 online resource (376 pages)
Contents:
Contents -- Part ONE IP evolution -- 1.1 A more unitary European IP architecture -- The EU … but not only the EU -- The new EU-wide integrated IPRs: big success and much use -- Partly integrated rights -- The EPO: a convenient European alternative route for getting patents -- What about the future? -- 1.2 Plans for a unitary patent in Europe -- Attempts to establish a patent at European Community level 2010 -- Current proposal: 'enhanced cooperation' -- Conclusion -- 1.3 When is a patent right for you? -- 1.4 European or national applications -- Competence of the national patent offices -- A national route for Finnish applicants -- The national route for foreign applicants -- Utility models -- Conclusions -- 1.5 Patent trends -- Introduction -- Deconstructing the structures -- Concluding remarks -- Part TWO The IP advantage -- 2.1 IP and the Innovation Union -- Research projects -- 2.2 IP and open innovation -- 2.3 Innovating out of recession -- The need to protect innovation -- Patenting -- The Patents County Court -- The Unified Patent Court -- 2.4 How to extract value -- The road from idea to operational business -- Patents critical to the biopharmaceutical industry -- Leveraging expense and risk -- Final remarks -- Part three IP capability -- 3.1 IP in the plan -- Why IPR management? -- Six steps to IPR management -- 3.2 High-level IP -- What do researchers and managers typically have to learn? -- Empirical observations: five years of in-house IP training/coaching practice -- Three generic formats of innovative in-house training/coaching with proven efficiency -- Conclusion -- 3.3 IT for IP -- IPMS objectives -- User interface -- Security -- Customizability -- Integration -- Process management -- Reports and analyses -- Summary -- 3.4 Pioneering IP -- How can business models be designed to allow for innovation and pioneer inventions?.

Synergy between small companies and big pharmas -- A business model for innovators -- Part four IP and technology frontiers -- 4.1 Software and computer-related inventions -- Patent strategies for IT companies -- A well-considered patent strategy for supporting the business -- Summary -- 4.2 Intellectual property and climate change -- Climate change - the new big IP battle -- Do IP rights trigger or impede the transfer of ESTs? -- Special treatment of green patent applications -- Functioning IP and technological development -- Climate change resilience and IP interaction -- 4.3 Life sciences -- When to file -- What to file -- Where to file -- Conclusion -- 4.4 Medical devices -- Restrictions regarding medical methods in Europe -- Filing strategies in view of the restrictions -- Summary -- 4.5 Innovation in plants and seeds -- Why IP protection for plant varieties? -- What is plant variety protection (PVP)? -- PVP - a perfect tool for technology transfer -- Checklist - what can you gain from plant variety protection in the EU? -- Part Five IP and creative challenges -- 5.1 Adwords -- Development of referencing services in marketing strategies -- Google's liability for offering its Adwords referencing service -- Advertiser's liability for purchasing keywords similar or identical to a trademark -- 5.2 The fashion industry -- Standards of IP protection in the European Union and the United States -- Impact of recession on global fashion industry -- New technologies -- New IP challenges -- Tendencies in IP management -- New legal environment -- Tactics for efficient IP protection -- Conclusions -- 5.3 Liability of hosting services -- Part six IP filings -- 6.1 Disclosure: too much too soon vs too little too late -- Background -- Problem statement -- Protect first, then talk? -- Risks of early publication, even after initial protection.

Conclusion - how to avoid problems -- 6.2 Drafting choices for first-time patent applicants -- What should be protected? -- Should the claims be broad or narrow? -- Should the filing be done as quickly as possible? -- Is it possible to accelerate the grant of a patent application? -- In which language should the first application be drafted? -- How long has the application to be? Should a specific wording be used? -- 6.3 The protection of trade secrets: a comparative overview -- International recognition -- Protection under different types of laws -- Civil remedies -- How to improve trade secrets protection? -- 6.4 Acquiring community brand rights -- Brand name protection -- Acquiring rights on creations -- Conclusion - uniform protection of rights -- 6.5 From the scientific to the legal -- Definition of the invention -- Generalization of the invention -- Functional features -- Feature expressed in terms of result to be achieved -- Product claim or process/method claim -- 6.6 How to protect yourself online -- We are all reducible to a number -- Individual protection -- Collective protection -- 6.7 What your US competition doesn't want you to know about US patent law -- Compelling reasons for early US filing -- Conclusions -- Part seven Fit for purpose -- 7.1 IP portfolio design -- When deciding what to protect, where and how, don't forget why -- What about doing nothing? -- If doing something, do it properly -- Innovation identification and filing strategies for research groups -- Filing strategies for projects involving multiple innovations -- Creating an effective portfolio - safety in numbers -- Registered design strategy -- Conclusion -- 7.2 IP issues for creative start-ups and spin-outs -- IP as an asset of your company -- Your company name -- Identify your IP and be smart managing it -- Your IP policy and procedures.

7.3 IP on a low budget -- Free advice -- Different forms of protection -- The geographical area of protection -- Using risk to transfer costs -- Checklist -- 7.4 Strategic variations -- Patent strategies -- Variations by industry -- 7.5 Seamless cooperation between product development and protection -- Ideas are born early enough for patenting -- 7.6 How to recover your position -- IP that you did not know you had -- IP that you apply for -- Protecting technology -- Protecting designs -- Protecting brand names and logos -- It's never too late -- 7.7 IP valuation -- 7.8 Dynamic portfolios -- The basics of business development -- The truth about the patent portfolio -- Finally - meeting all the arguments -- Part eight Free to operate -- 8.1 How to clear your path to market -- Pre-project phase -- Project phase -- Pre-marketing and marketing phase -- How to overcome your competitor's patent rights -- Summary -- 8.2 Exploring patent information -- Patent database information -- Searching patents -- Making decisions based on patent information -- Potential pitfalls -- Conclusion -- Useful links -- 8.3 How to oppose a patent -- The only way to tackle a European patent for all contracting states -- Reasons to oppose a patent -- Make sure the opposition is admissible -- A patent can be revoked or maintained in its granted or an amended form -- 8.4 How to design around a European patent -- The European patent system -- Claim interpretation -- Questioning the legal validity of a European patent and its national parts -- Summary -- 8.5 How to limit a patent -- How to request a readjustment of the protection conferred by the patent (after grant) -- Centralized limitation procedure in the EPC -- National procedure for limitation (France) -- Conclusion -- 8.6 Be clear who owns the IP -- What is a creation?.

The principle of the ownership of the rights in favour of an author/creator who is an individual -- The exceptions to the principle of the initial ownership -- Part nine IP in partnership -- 9.1 Potential for technology partnership and its implications for IPRs -- University-industry partnership -- Knowledge transfer between clusters -- For cluster managers and practitioners -- Role of IP in fostering technology partnerships -- Conclusion -- 9.2 Engaging with universities -- How companies can work with academic researchers -- IPR and the value chain -- The challenge to business -- 9.3 Guidelines for technology transfer -- The notion of success -- Identify technologies suitable for transfer -- Technology seeks market -- IP due diligence -- 'Seek the searcher' and innovation-driven people -- Valuation -- Conclusion -- 9.4 IP in collaboration -- The major risks of joint development -- Minimizing the risks -- Part ten IP for profit -- 10.1 IP financing and trading -- Challenges -- Trends -- Solutions -- 10.2 How to draft a licence -- Introduction -- Key clauses in a licence agreement -- Conclusion -- 10.3 Royalty agreements -- What is a royalty agreement? -- Describe the licensor's intellectual rights -- Define the licence clearly to the licensee -- Stipulate the remuneration for the licence -- Other contractual provisions -- Checklist -- 10.4 The valuation of patents -- What is value? -- How to maximize IP value -- Part eleven When you are copied -- 11.1 IP litigation and alternative dispute resolution -- Alternative dispute resolution and IP court litigation -- Conclusions -- 11.2 Preliminary patent injunctions in Europe -- Harmonization by the Directive 2004/48 -- Remaining differences between Member States -- The question of cross-border preliminary injunctions -- 11.3 The scope of claims -- Equivalence -- Case law -- 11.4 Specialized IP courts.

Patent litigation in Europe.
Abstract:
This third edition of The Handbook of European Intellectual Property Management provides a fresh examination of the issues facing businesses across Europe who are looking to maximise and protect the value of their innovations, knowledge and brands, and shows how enterprises can put IP at the heart of their business and manage it as an asset.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
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