Intellectual Property Law

  • Filename: intellectual-property-law.
  • ISBN: 9780199645558
  • Release Date: 2014
  • Number of pages: 1440
  • Author: Lionel Bently
  • Publisher: Oxford University Press, USA



Bently & Sherman's Intellectual Property Law is the definitive textbook on the subject. The authors' all-embracing approach not only clearly sets out the law in relation to copyright, patents, trade marks, passing off, and confidentiality, but also takes account of a wide range of academic opinion enabling readers to explore and make informed judgements about key principles. The particularly clear and lively writing style ensures that even the most complex areas are lucid and comprehensible.New to this editionAn introduction updated to take account of case-law on the meaning of 'intellectual property' (Phillips v Mulcaire), new writing in the field of justifications (Breakey, Merges), and the latest literature discussing the expansion of intellectual property rights. Important developments at an international level are also covered, such as the Beijing treaty for Audiovisual Performers, and the Marrakech Treaty on copyright exceptions for the visually impairedA rewritten copyright section which covers the revolutionary case-law of the CJEU, in particular on originality, infringement, and the scope of rights, and analyses the extension of term for sound recordings/performances, the new 'Hargreaves exceptions', the Digital Economy Act 2010, the orphan works provisions in the EU Directive and the Enterprise and Regulatory Reform Act 2013, as well as the Supreme Court's decision in MeltwaterPart II on patents takes account of the impending Unitary Patent regime for the EU, alongside coverage of important case law from the CJEU (e.g. Brustle) and the Supreme Court on sufficiency, industrial applicability, and infringement by 'making' (Lundbeck v Generica, HGS, Schutz V Werit)The designs section has been updated in the light of CJEU (e.g. Grupo Promer), and domestic case law on Community Designs, UK Registered Designs and UK Unregistered Designs, as well as legislative reforms (such as repeal of section 52 CDPA and the other adjustments proposed to be effected in the Intellectual Property Bill 2013)Part IV on trade marks accounts for new case-law from the European Court of Justice, on the functions of marks (L'Oreal, Louis Vuitton, Interflora), the territorial aspects of notions such as distinctiveness, reputation, and genuine use (Leno Merken) and infringement (DHL), and anticipates the revision of the Community Trade Mark in light of the Max Planck reviewPart VI on litigation and remedies includes a review of the implications of the new unitary patent court system, and of the reforms of the Patent County Court (fee caps, and the introduction of the small claims process), considers developments in the field of injunctive relief, and examines the new Border Regulation, the Law Commission review of the 'threats provisions', and the criminalisation of registered design infringement under the Intellectual Property Bill 2013

Intellectual Property

  • Filename: intellectual-property.
  • ISBN: 9781408283257
  • Release Date: 2012-08-07
  • Number of pages: 1080
  • Author: David Bainbridge
  • Publisher: Pearson Higher Ed



Recognised as a leading textbook in this field, Intellectual Property offers students unrivalled coverage of all aspects of the intellectual property syllabus making it their essential guide through the intricacies of this dynamic subject. Trusted by generations of students and lecturers alike, students can rely on this book to: Equip them with a strong understanding of the wealth of domestic, European and International laws which govern each intellectual property right. Enhance their critical analysis skills through consideration of the ethical influences and policy considerations which impact the future development of IP protection. Fully support them in their study through a range of engaging and interesting features including key point summaries, further reading suggestions, discussion questions and a glossary of technical terms

Intellectual Property

  • Filename: intellectual-property.
  • ISBN: 9780735577336
  • Release Date: 2009
  • Number of pages: 531
  • Author: Stephen M. McJohn
  • Publisher: Aspen Publishers Online



Keeping up with the fast pace of change in Intellectual Property, the third edition of Examples & Explanations: Intellectual Property offers timely coverage of central concepts in the proven-effective Examples & Explanations format. Student-friendly, concise, and timely, Examples & Explanations: Intellectual Property features: complete coverage keyed to the leading IP casebooks for the survey course proven-effective Examples & Explanations pedagogy that fills in any gaps in students' understanding of casebook assignments consistent emphasis on central concepts, without digressing into more advanced topics free-standing chapters that are easily adapted to any course structure and make this study guide useful to as a reference throughout the semester Key Concepts and Policy Issues highlighted in each chapter Updated throughout, the Third Edition includes: new developments effecting Internet service providers new material on patents, including landmark Supreme Court cases (on first sale, injunctions, patentable subject matter, licensing, declaratory judgments, nonobviousness, infringement abroad, and experimental use) and key Federal Circuit cases minimum statutory damages for downloading music originality--copyright in forms, digital images of public domain works DMCA anticurcumvention provisions new exemptions cases protecting legitimate uses of copyright protected works First Amendment limits on Congress' power to expand copyright protection international issues, such as copyright restoration for foreign works, and scope of protection abroad for US works copyright protection for databases, software, and orphan works consumers licensing, such as click-through copyright licenses and arbitration clauses new material on fair use thumbnail images in search engines Google Book case Turnitin, on-line plagiarism protection Public records in private databases Legal documents new cases on audio books, sampling, and data use restrictions new material on patents, including landmark Supreme Court cases and key Federal Circuit cases new material on trademark Trademark Dilution Revision Act use of trademarks as keywords in search engine advertising unauthorized use of trademarks in video games and films cases on likelihood of confusion standard, scope of international protection, functionality of trade dress, and fair use of trademarks new material on trade secret, such as remedies, reverse engineering, and government use of trade secret information new material on state intellectual property law, such as First Amendment limits on right of publicity; unjust enrichment and Intellectual Property law; scope of employee invention assignment agreements; preemption by federal law Intellectual Property is a big field and continually in the throes of change. Stephen M. McJohn keeps his coverage focused and current in Examples & Explanations: Intellectual Property, Third Edition. for a complete, concise, and clear introduction to central IP concepts, trust the proven-effective Examples & Explanations methodology to convey Intellectual Property concepts to your students.

The Economic Structure of Intellectual Property Law

  • Filename: the-economic-structure-of-intellectual-property-law.
  • ISBN: 9780674039919
  • Release Date: 2009-06-30
  • Number of pages: 448
  • Author: William M. LANDES
  • Publisher: Harvard University Press



This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law). Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels. This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights. Table of Contents: Introduction 1. The Economic Theory of Property 2. How to Think about Copyright 3. A Formal Model of Copyright 4. Basic Copyright Doctrines 5. Copyright in Unpublished Works 6. Fair Use, Parody, and Burlesque 7. The Economics of Trademark Law 8. The Optimal Duration of Copyrights and Trademarks 9. The Legal Protection of Postmodern Art 10. Moral Rights and the Visual Artists Rights Act 11. The Economics of Patent Law 12. The Patent Court: A Statistical Evaluation 13. The Economics of Trade Secrecy Law 14. Antitrust and Intellectual Property 15. The Political Economy of Intellectual Property Law Conclusion Acknowledgments Index Reviews of this book: Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book...[The Economic Structure of Intellectual Property Law] is a broad-ranging analysis of how intellectual property should and does work...Shakespeare's copying from Plutarch, Microsoft's incentives to hide the source code for Windows, and Andy Warhol's right to copyright a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran.' --Nicholas Thompson, New York Sun Reviews of this book: Landes and Posner, each widely respected in the intersection of law and economics, investigate the right mix of protection and use of intellectual property (IP)...This volume provides a broad and coherent approach to the economics and law of IP. The economics is important, understandable, and valuable. --R. A. Miller, Choice Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate. --Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law. --Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit The most important book ever written on intellectual property. --William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding. --Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law

Intellectual Property Strategy

  • Filename: intellectual-property-strategy.
  • ISBN: 9780262297998
  • Release Date: 2011-10-07
  • Number of pages: 192
  • Author: John Palfrey
  • Publisher: MIT Press



Most managers leave intellectual property issues to the legal department, unaware that an organization's intellectual property can help accomplish a range of management goals, from accessing new markets to improving existing products to generating new revenue streams. In this book, intellectual property expert and Harvard Law School professor John Palfrey offers a short briefing on intellectual property strategy for corporate managers and nonprofit administrators. Palfrey argues for strategies that go beyond the traditional highly restrictive "sword and shield" approach, suggesting that flexibility and creativity are essential to a profitable long-term intellectual property strategy -- especially in an era of changing attitudes about media. Intellectual property, writes Palfrey, should be considered a key strategic asset class. Almost every organization has an intellectual property portfolio of some value and therefore the need for an intellectual property strategy. A brand, for example, is an important form of intellectual property, as is any information managed and produced by an organization. Palfrey identifies the essential areas of intellectual property -- patent, copyright, trademark, and trade secret -- and describes strategic approaches to each in a variety of organizational contexts, based on four basic steps. The most innovative organizations employ multiple intellectual property approaches, depending on the situation, asking hard, context-specific questions. By doing so, they achieve both short- and long-term benefits while positioning themselves for success in the global information economy.

Intellectual Property and Computer Crimes

  • Filename: intellectual-property-and-computer-crimes.
  • ISBN: 1588521184
  • Release Date: 2003
  • Number of pages:
  • Author: Peter Toren
  • Publisher: Law Journal Press



Intellectual Property and Computer Crimes examines criminal infringement, the expanded scope of computer hacking laws, and the important legal issues that arise when these crimes are prosecuted.

Intellectual Property Law

  • Filename: intellectual-property-law.
  • ISBN: 9780199688104
  • Release Date: 2014
  • Number of pages: 542
  • Author: Helen Norman
  • Publisher: Oxford University Press, USA



Intellectual Property Law Directions focuses on the practical issues of United Kingdom intellectual property law at the same time as demonstrating how the subject is being shaped by outside forces. This text is written in a lively and engaging manner with an emphasis on explaining the key topics covered on intellectual property law courses with clarity. Intellectual Property Law Directions uses thinking points, reflective questions, chapter summaries and learning objectives to help develop students' understanding. It also uses case close-up boxes to quickly identify and explain key cases. Written by a university lecturer with over 20 years' experience of teaching intellectual property, this book provides a clear and structured approach to the subject, with a strong emphasis on student-centred learning. Online Resource Centre An Online Resource Centre accompanies the book providing web links to the major international intellectual property organisations, suggestedanswers to the reflective questions in the book, a flashcard glossary and sample intellectual property documents.

Intellectual Property Law in India

  • Filename: intellectual-property-law-in-india.
  • ISBN: 9789041136145
  • Release Date: 2011
  • Number of pages: 124
  • Author: Tamali Sen Gupta
  • Publisher: Kluwer Law International



Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in India. It covers every type of intellectual property right in depth - copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends.

EU Intellectual Property Law and Policy

  • Filename: eu-intellectual-property-law-and-policy.
  • ISBN: 9781848447462
  • Release Date: 2009-01-01
  • Number of pages: 431
  • Author: Catherine Seville
  • Publisher: Edward Elgar Publishing



The author has succeeded in her chief aim in writing this book to introduce a compact and accessible account of EU intellectual property law. . . this book is a useful background and excellent starting point for understanding EU intellectual property law. Jamil Ammar, European Intellectual Property Review This book s innovative contribution is to view EU IP law as a subject in its own right, not just an extra to accounts of national law. The very up-to-date coverage strikes an excellent balance between detail and overview, while Dr Seville also discusses thoughtfully the wider international frameworks, policy issues and debates in which development of EU IP law is enmeshed. Dr Seville fully deserves the gratitude of IP lawyers and students for this outstandingly helpful study. Hector Macqueen, Edinburgh Law School, UK The book is as timely as it is well-written and thorough. The contributions of the EU to most aspects of intellectual property law are increasingly dominant. This treatment places them apart from the national laws of member states, thus emphasising the common core that now they provide. Many will want to study this presentation. William R. Cornish, University of Cambridge, UK Intellectual property (IP) is a crucial contributor to economic growth and competitiveness within the EU. This book offers a compact and accessible account of EU intellectual property law and policy, covering copyright, patents, designs, trademarks and the enforcement of rights. The author also addresses aspects of the free movement of goods and services, competition law, customs measures and anti-counterfeiting efforts. Setting EU intellectual property law in its wider international context, this work reveals the framework within which the national IP laws of member states operate. The book seeks to highlight the most important policy issues and arguments of relevance to the EU, both within the Union, and in its relations with the rest of the world. With its detailed references, cross-referencing and suggestions for further readings, EU Intellectual Property Law and Policy is essential reading for postgraduate students and academic lawyers in IP and EU law. Practitioners seeking a broad account of the area will also appreciate this important contribution.

Intellectual Property and Emerging Technologies

  • Filename: intellectual-property-and-emerging-technologies.
  • ISBN: 9781781001189
  • Release Date: 2012-01-01
  • Number of pages: 512
  • Author: Matthew Rimmer
  • Publisher: Edward Elgar Publishing



This unique and comprehensive collection investigates the challenges posed to intellectual property by recent paradigm shifts in biology. It explores the legal ramifications of emerging technologies, such as genomics, synthetic biology, stem cell research, nanotechnology, and biodiscovery. Extensive contributions examine recent controversial court decisions in patent law such as Bilski v. Kappos, and the litigation over Myriad's patents in respect of BRCA1 and BRCA2 while other papers explore sui generis fields, such as access to genetic resources, plant breeders' rights, and traditional knowledge. The collection considers the potential and the risks of the new biology for global challenges such as access to health-care, the protection of the environment and biodiversity, climate change, and food security. It also considers Big Science projects such as biobanks, the 1000 Genomes Project, and the Doomsday Vault. The inter-disciplinary research brings together the work of scholars from Australia, Canada, Europe, the UK and the US and involves not only legal analysis of case law and policy developments, but also historical, comparative, sociological, and ethical methodologies. Intellectual Property and Emerging Technologies will appeal to policy-makers, legal practitioners, business managers, inventors, scientists and researchers.

Intellectual Property Law

  • Filename: intellectual-property-law.
  • ISBN: 9780415552974
  • Release Date: 2010
  • Number of pages: 200
  • Author: Janice Denoncourt
  • Publisher: Taylor & Francis



Routledge Q&As – your path to exam success! Has the thought of facing your law exams left you feeling completely overwhelmed? Are you staring at the mountain of revision in front of you and wondering where to start? Routledge Q&As will help guide you through the revision maze, providing essential exam practice and helping you polish your essay-writing technique. Each Routledge Q&A contains 50 essay and problem-based questions on topics commonly found on exam papers, complete with answer plans and fully worked model answers. The titles are written by lecturers who are also examiners, so you can recognise exactly what examiners are looking for in an answer. Key cases and legislation are highlighted within the text for ease of reference Boxed answer plans after each question outline the major points you should be aiming to convey within your answer The books in this series are supported by a companion web offering you bonus q&as; advice on preparing for your exams; revision checklists; discussion forums and more. But don’t just take our word for it! "The book was an answer to my prayers… I’ve been begging tutors to give us ready-made answers so we get a structure as to what we should be including and revising and the Q&As do exactly that!" Azmina Thanda, 2nd year LLB "The Routledge Q&As are very well designed and helpful, giving a good indication of what comes up in exams." Deaglan McArdle, 3rdyear LLB

Intellectual Property Rights and the Life Science Industries

  • Filename: intellectual-property-rights-and-the-life-science-industries.
  • ISBN: 9789812832283
  • Release Date: 2009
  • Number of pages: 429
  • Author: Graham Dutfield
  • Publisher: World Scientific



This book is a highly readable and entertaining account of the co-evolution of the patent system and the life science industries since the mid-19th century. The pharmaceutical industries have their origins in advances in synthetic chemistry and in natural products research. Both approaches to drug discovery and business have shaped patent law, as have the lobbying activities of the firms involved and their supporters in the legal profession. In turn, patent law has impacted on the life science industries. Compared to the first edition, which told this story for the first time, the present edition focuses more on specific businesses, products and technologies, including Bayer, Pfizer, GlaxoSmithKline, aspirin, penicillin, monoclonal antibodies and polymerase chain reaction. Another difference is that this second edition also looks into the future, addressing new areas such as systems biology, stem cell research, and synthetic biology, which promises to enable scientists to OC inventOCO life forms from scratch.

Intellectual Property

  • Filename: intellectual-property.
  • ISBN: 9780735562974
  • Release Date: 2008
  • Number of pages: 409
  • Author: Margreth Barrett
  • Publisher: Aspen Publishers Online



The most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks. Emanuel Law Outline Features: #1 outline choice among law students Comprehensive review of all major topics Capsule summary of all topics Cross-reference table of cases Time-saving format Great for exam prep

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