Although the law on infringement is relatively straightforward in relation to the copying of literal and textual elements of software, it is the copying of non-literal and functional elements that poses complex and topical questions in the context of intellectual property (IP) protection. In many cases, it is these non-literal and functional elements that contain the real value of a software product. This book concerns the copying of non-literal and functional elements of software in both the United States and European Union, using a holistic approach to address the most topical questions facing experts concerned with legal protection of software products across a range of technological platforms. The book focuses on six distinct but interrelated areas: contract, copyright, patents, trade-dress, designs and trade secrets, discussing these areas separately and in relation to one another. The book discusses software as a multilayered functional product, setting the scene for other legal discussions by highlighting software's unique characteristics. It examines models for the provision of software, addressing licensing patterns and overall enforceability, as well as the statutory and judicial tools for regulating the use of such licences. It assesses the protection of non-literal and functional software elements under EU and US laws, focusing on internal architecture, interfaces, behavioural elements and GUIs.

Beyond the Code: Protection of Non-Textual Features of Software

Shemtov, Noam

Foreign & International Law

Oxford University Press

This book provides a critical analysis of the interface between trade mark law and competition law through a combination of practice, doctrine, and policy. The two legal regimes are at opposite ends of the scale, with one promoting monopoly and the other competition; they operate at parallel levels, often without regard for the objectives and regulatory tools of the other. However, an increasing number of cases from the European Union (EU) and beyond cover the intersection of the two regimes. This book highlights the ways in which the fundamentals of trade mark law are being challenged from a competition law perspective, and how trade mark principles affect the development and application of competition law. It provides a detailed overview of jurisprudence from Europe, the United States, and Australia, adopting a comparative approach. The book explores three practical areas. Firstly, it considers the jurisprudence on how trade mark law internalizes competition considerations. Secondly, it examines how competition law internalizes trade mark considerations. Thirdly, it looks at the hierarchy of the direct relationship between trade mark law as a set of exclusionary rules that lead to market power on one hand and competition law as a set of rules targeting market power and its abuse on the other. The book then focuses on identifying and 'codifying' the judicial toolkit developed by the courts in all of these, and positions this against a theoretical justificatory background. Finally, it tests the sustainability of the toolkit against the 'competition plus' context and provides an appropriate policy framework for the balancing between trade mark rights and competition rules.

Trade Marks and Competition Law

Griffiths, Jonathan

Maniatis, Spyros

Firth, Alison

Business

Free and Open Source Software (Foss) is realized through legal instruments, private law agreements, licenses, promises and community norms. These private law instruments reside within a public law framework that grants exclusive and monopoly rights to creators of intellectual property. Written by Foss experts, this work delivers an in-depth examination of the legal and commercial structures relating to the usage and exploitation of Foss software. Foss has become an increasingly important component of the Ict industry, embodied in the products that we use and the systems we depend on. Major industry players such as Ibm have embraced Foss and it impacts on all its users. This work will enable readers to understand the legal environment within which Foss operates. The first part examines Foss in relation to the key Ip regimes. The commercial implications of Foss are then examined from different components of the supply chain. The final part examines the implications of Foss for policy makers.

Free and Open Source Software: Policy, Law And Practice

Intellectual Property

Oxford University Press, USA

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