TY - BOOK ID - 15873137 TI - An International Perspective on Design Protection of Visible Spare Parts AU - Beldiman, Dana. AU - Blanke-Roeser, Constantin. PY - 2017 SN - 3319540602 3319540599 PB - Cham : Springer International Publishing : Imprint: Springer, DB - UniCat KW - Law. KW - Automobile industry and trade. KW - Industrial design. KW - Private international law. KW - Conflict of laws. KW - International law. KW - Comparative law. KW - Trade. KW - Intellectual property KW - International IT and Media Law, Intellectual Property Law. KW - Industrial Design. KW - Automotive Industry. KW - Private International Law, International & Foreign Law, Comparative Law. KW - European Law. KW - International Economic Law, Trade Law. KW - Law and legislation. KW - Design protection. KW - Copyright KW - Design KW - Design patents KW - Design protection KW - Designs KW - Law and legislation KW - Competition, Unfair KW - Industrial design coordination KW - Industrial property KW - License agreements KW - Patent laws and legislation KW - Mass media KW - Architectural design. KW - IT Law, Media Law, Intellectual Property. KW - Private International Law, International & Foreign Law, Comparative Law . KW - Automotive industry KW - Motor vehicle industry KW - Structural design KW - Mass media. KW - Law—Europe. KW - Law of nations KW - Nations, Law of KW - Public international law KW - Law KW - Choice of law KW - Conflict of laws KW - Intermunicipal law KW - International law, Private KW - International private law KW - Private international law KW - Legal polycentricity KW - Design, Industrial KW - Mechanical drawing KW - New products KW - Acts, Legislative KW - Enactments, Legislative KW - Laws (Statutes) KW - Legislative acts KW - Legislative enactments KW - Jurisprudence KW - Legislation KW - Mass communication KW - Media, Mass KW - Media, The KW - Communication KW - Civil law KW - Commerce. KW - Trade KW - Traffic (Commerce) KW - Economics KW - Business KW - Merchants KW - Transportation KW - Information technology KW - Trade regulation. KW - Private International Law, International and Foreign Law, Comparative Law. KW - Regulation of trade KW - Regulatory reform KW - Trade regulation KW - Commercial law KW - Consumer protection KW - Deregulation KW - Comparative jurisprudence KW - Comparative legislation KW - Jurisprudence, Comparative KW - Law, Comparative KW - Legislation, Comparative KW - Technology and law KW - Europe. UR - https://www.unicat.be/uniCat?func=search&query=sysid:15873137 AB - 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. ER -