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Comparative Intellectual Property Law

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Geographical Indications

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The EU has a strong focus on geographical indications, while the US tends to cover such protections under trademark law.

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Three-Step Test in Copyright Limitations and Exceptions

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The interpretation and application of the three-step test from the Berne Convention for the Protection of Literary and Artistic Works varies by country.

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Patentability Criteria

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Variations exist in what constitutes novelty, non-obviousness, and utility between jurisdictions like the US and the EU.

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Trademark Use Requirement

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In some countries like the US, trademarks must be in actual use to maintain registration, while others accept intent-to-use.

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Fair Use Doctrine

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The US has a broad fair use doctrine, compared to countries like the UK which follow a more restricted fair dealing approach.

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Protection of Layout-Designs (Topographies) of Integrated Circuits

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The US ratified the Washington Treaty, while the EU has its own Directive on the legal protection of these designs.

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Copyright Exhaustion

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National, regional, or international exhaustion policies affect the reselling of copyrighted goods differently across jurisdictions.

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Patent Term Extensions

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Patent term adjustments for regulatory delays are more common in the US, while Supplementary Protection Certificates exist in the EU.

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Secondary Liability in Copyright Infringement

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Countries like the US have established doctrines like vicarious and contributory liability, which may not be explicitly defined elsewhere.

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Prior User Rights

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In some legal systems, prior users of an invention may continue to use it despite a later patent, which is not universally recognized.

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Non-Traditional Trademarks

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Protection of non-traditional marks such as sounds and smells varies, with some jurisdictions having more lenient criteria than others.

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Copyright Term

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The length of copyright protection can differ significantly; for example, life plus 70 years in the US vs life plus 50 years in many other countries.

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Database Rights

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The EU's sui generis database right provides protection separate from copyright, not recognized in jurisdictions like the US.

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Moral Rights

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Europe generally offers stronger protection of moral rights than the US, where they are limited and often waivable.

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Plant Variety Protection

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The US uses Plant Patent Act and Plant Variety Protection Act, while the EU provides protection under the Community Plant Variety Office.

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Trade Secret Protection

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Legal frameworks for trade secrets vary, with the US adopting the Uniform Trade Secrets Act and the EU having the Trade Secrets Directive.

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Industrial Design Rights

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Some jurisdictions provide for unregistered design rights (e.g., EU) offering short-term protection, unlike the US which requires registration.

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Parallel Importation and Trademark Law

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Differences in exhaustion of trademark rights affect the legality of parallel imports, with some countries adopting national or regional exhaustion policies.

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Compulsory Licensing

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Granting of compulsory licenses, particularly for pharmaceuticals, varies notably between developed and developing countries.

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Orphan Works

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Different countries have varied approaches to dealing with orphan works - copyrighted works whose owners are unidentifiable.

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