
Green Innovations and IPR Management
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Content
- Intro
- Title
- Copyright
- List of Editors
- List of Contributors
- Perface
- Summary of Contents
- Table of Contents
- Part I: Green Intellectual Property Rights
- Chapter 1 Legal Aspects of Green Patents
- §1.01 Green Patents You Need to Know
- [A] U.S. Patent No. 5,083,039: The Life Story of a Seminal Wind Patent
- [1] The Patented Technology
- [2] '039 Patent Litigation: The First Wave
- [3] '039 Patent Litigation: The Second Wave
- [B] U.S. Patent No. 5,343,970: Targeting an Infringing Icon
- [1] Paice Patent History and Litigation
- [2] Injunction Denied
- Ongoing Royalty Ordered
- [C] U.S. Patent Nos. 4,904,618 and 5,252,499: Litigious LED Professor
- [1] LED Innovator
- [2] LED Litigator
- [D] U.S. Patent No. 7,601,858: Biofuels Battles
- §1.02 Issues and Challenges in Green Patent Prosecution
- [A] Solar Production: Known Manufacturing Processes, New Technology
- [1] The Law on New Uses of Known Processes
- [B] Patent Drafting and Prosecution Strategies to Avoid and Overcome Inherent Anticipation Rejections
- [1] Use of Process Claims
- [2] New and Different Purpose
- [C] The Law of Obviousness
- [D] Patent Drafting and Prosecution Strategies to Avoid and Overcome Obviousness Rejections after KSR
- [1] Unpredictable Use of a Combination of Elements
- [2] Teaching Away from the Inventive Combination
- [3] Surprising Results or Commercial Success
- [4] The USPTO's Burden of Establishing Obviousness
- [E] Non-obviousness Case Study: Swift Wind Turbine and the Sound of Silence
- [F] Patenting Green Polymers
- [1] The Challenge: Chasing Carbon, the Younger
- [2] Case Studies and Strategies for Patenting Green Polymers
- [a] Differentiate on Process
- [b] Differentiate on Structure and Bonding
- [c] Differentiate on Type of Polymer
- [d] Differentiate on Product Properties
- §1.03 Building a Green Patent Portfolio
- [A] Clipper's Liberty Wind Turbine
- [B] PlascoEnergy's Gasification System
- [C] Small, Narrowly Targeted Green Patent Portfolios
- §1.04 Fast Tracking Green Patent Applications
- [A] The UK
- [B] Korea
- [C] Japan
- [D] The US
- [E] Australia
- [F] Israel
- [G] Canada
- [H] Brazil
- §1.05 Conclusion
- Chapter 2 Legal Aspects of Green Trademarks
- §2.01 Introduction
- §2.02 Trademark Strategy
- §2.03 Harmonization of the National Trademark Law
- §2.04 Community Trademarks
- [A] Registration
- [B] Opposition Proceedings
- [C] Advantages and Disadvantages of the Community Trademark
- §2.05 Madrid System for the International Registration of Trademarks
- [A] Facts
- [B] Advantages and Disadvantages of the Madrid System of the International Registration of Trademarks
- §2.06 National Trademarks
- §2.07 Certification Trademarks
- §2.08 Conclusion
- Chapter 3 Eco-Label with Brand Character: Reliable Product Labelling of Type I According to ISO 14024
- §3.01 Introduction
- §3.02 Eco-Label with Brand Character: German Blue Angel and EU Eco-Label
- [A] Eco-Label Schemes
- [B] Process of Developing Criteria and Eco-Label Awards
- [C] Eco-Label: One Instrument of Environmental Product Policy
- §3.03 Brand Awareness: Increased Sales and Better Image
- §3.04 Best Practices
- [A] Success Story: Blue Angel-Recycled Paper
- [1] An Ecologically Sound Alternative
- [2] Environmental Benefits by using Recovered Paper
- [B] Success Story: EU Eco-Label for Cleaning Products
- Chapter 4 Nordic Eco-labelling: An Introduction
- §4.01 How It All Started
- §4.02 The Swan Today
- §4.03 The Swan's Vision, Purpose and Objectives
- [A] Vision and Business Idea of the Swan
- §4.04 Organization
- §4.05 How Eco-labelling Works
- [A] Selection of Product Groups
- [1] RPS
- [B] Criteria Development
- [1] Criteria Strategies
- [2] Work in Practice
- [C] Marketing the Criteria
- §4.06 Licensing
- §4.07 Spreading the Swan Message
- §4.08 Tightening of Requirements
- [A] Evaluation and Revision
- [1] Review of Licences
- §4.09 Fees
- §4.10 When Is an Environmental Gain Achieved?
- [A] How We Succeeded
- [B] General Demands
- §4.11 The Future
- Chapter 5 Legal Protection of Community Designs
- §5.01 Introduction
- §5.02 What Is a Community Design?
- §5.03 Unregistered and Registered Community Design
- §5.04 Registration at OHIM
- §5.05 How to Apply
- §5.06 Pre- and Post-registration Examination
- §5.07 International Registration
- §5.08 Selected Case Law
- [A] The General Court on Representations of Designs
- [B] The General Court on Prior Art
- [C] The General Court on Trademarks versus Designs
- [D] The General Court on Conflicts with Prior Design Rights
- [E] Opinion of the Advocate General
- [F] The Invalidity Division on Internet Disclosures of Prior Designs
- [G] The Invalidity Division on Copyright versus Design
- [H] The Boards of Appeal on Disclosure of a Prior Designs outside the EU
- [I] The Boards of Appeal on Designs Solely Dictated by Technical Function
- Chapter 6 Developing Environmentally Friendly Products: Potentials and Challenges of Eco-Design
- §6.01 The Basics of Eco-Design
- [A] Products and Their Environmental Impacts
- [B] The Designers' Influence on the Environmental Impacts of Products
- [C] Eco-Design: Developing Products in Line with Environment and Market
- [D] The Market Challenges of Environmentally Friendly Products
- §6.02 The Four Eco-Design Levels
- §6.03 Potentials and Challenges of Eco-Design Levels
- [A] Potentials and Challenges of Product Detail Improvement
- [1] Potentials
- [2] Challenges
- [B] Potentials and Challenges of Product Concept Improvement
- [1] Potentials
- [2] Challenges
- [C] Potentials and Challenges of Product Function Innovation
- [1] Potentials
- [2] Challenges
- [D] Potentials and Challenges of Product Utility Innovation
- [1] Potentials
- [2] Challenges
- §6.04 Conclusion
- Part II: Exploiting Green Innovations
- Chapter 7 Technology Transfer and Licensing
- §7.01 Introduction
- §7.02 Terminology
- §7.03 Terms of a License Agreement
- [A] Forms of License
- [B] Territory of Licenses
- [C] Field of Licenses
- [D] License Fee
- [E] Liability
- [F] Confidentiality
- [G] Term and Termination of Licenses
- [H] Limits on Exploitation
- §7.04 Technology Transfer and Assignment
- §7.05 Future Prospects
- Chapter 8 A New Approach of the European Union the IP-Charta-Initiative
- Chapter 9 Intellectual Property Rights Management at the European Commission: Challenges, Practices and the Way Forward
- §9.01 Introduction
- §9.02 European Commission: Legislation, Policy-Making and Regulation
- §9.03 European Commission: Institutional IPR Management Experiences
- [A] Relevance of IPR to the Work of the Commission
- [B] Risks and Challenges Surrounding IPR Management at the Commission
- [C] Ensuring Effective IPR Management at the Commission
- §9.04 Conclusion
- Chapter 10 Alternative Approaches to IPR Management
- §10.01 Donation of Intellectual Property Rights
- §10.02 Patent Pools
- §10.03 Collaboration
- §10.04 Defensive Publication
- §10.05 International Approaches
- Part III: Green Economy
- Chapter 11 Resource Regimes and Resource-Monitoring as New Instruments of a Sustainable Resource Management
- §11.01 Introduction
- §11.02 A Critical View on the Responsibility Approach
- §11.03 A Critical Evaluation of the Win-Win-Hypothesis
- §11.04 Sustainability as Economic Rationality
- §11.05 Management Studies on the Way towards a Resource-Oriented Business Perspective
- §11.06 New Instruments of a Strategic Resource Management
- [A] Management of Resource Regimes
- [1] Analytical Framework for Material Resource Regimes
- [2] Analytical Framework for Immaterial Resource Regimes
- [B] Resource-Oriented Sustainability Monitoring
- §11.07 Conclusions
- Chapter 12 International Climate Law & Technology Transfer: General Framework and Recent Developments
- §12.01 International Climate Law: An Overview
- §12.02 Technology Transfer in International Environmental Law and International Climate Law
- §12.03 Technology Transfer and Emission Reduction Projects
- §12.04 The Technology Mechanism, Other Recent Developments and General Outlook
- §12.05 Post Scriptum
- Chapter 13 Greenhouse Gas Emissions from Ships and Technology Transfer
- §13.01 The International Regulatory Framework on Air Pollution from Ships
- [A] Implementation of the Convention through IMO Rules and Standards
- [B] MARPOL Annex VI on Air Pollution
- §13.02 The IMO Rules for Reduction of Greenhouse Gases
- [A] The Energy Efficiency Design Index (EEDI)
- [B] Ship Energy Efficiency Management Plan (SEEMP)
- §13.03 Technology Transfer and Technical Cooperation on Energy Efficiency of Ships
- §13.04 Development and Transfer of Marine Technology in the Law of the Sea
- [A] Scope of Application
- [B] Legal Nature and Specific Provisions
- §13.05 Conclusions
- Chapter 14 Green IT: Enabler of Resource and Climate Protection
- §14.01 Definition and Framework
- §14.02 Effects and Examples of Green IT
- Part IV: Initiatives to Support Green Innovations
- Chapter 15 UNEP-EPO-ICTSD Patents and Clean Energy Project
- §15.01 Introduction
- §15.02 Technology-Mapping Study
- §15.03 Data Classification and Mining
- §15.04 Statistical Analysis
- §15.05 The Licensing Survey
- §15.06 Conclusions: Looking Forward
- Chapter 16 WIPO Green: The Sustainable Technology Marketplace
- §16.01 Rising to the Climate Change Challenge
- §16.02 Objectives
- §16.03 Context
- §16.04 Conceptual Framework
- §16.05 Main Characteristics of the Marketplace
- §16.06 Complementary Services
- §16.07 The Way Forward
- Appendix I Commission Recommendation on the management of intellectual property in knowledge transfer activities and Code of Practice for universities and other public research organisations
- Appendix II European Research Area Guidelines on Intellectual Property (IP) Management in International Research Collaboration Agreements between European and Non- European Partners
- Index
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