Download or read book Landmark Cases in Intellectual Property Law written by Jose Bellido and published by Bloomsbury Publishing. This book was released on 2017-09-07 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the nature of intellectual property law by looking at particular disputes. All the cases gathered here aim to show the versatile and unstable character of a discipline still searching for landmarks. Each contribution offers an opportunity to raise questions about the narratives that have shaped the discipline throughout its short but profound history. The volume begins by revisiting patent litigation to consider the impact of the Statute of Monopolies (1624). It continues looking at different controversies to describe how the existence of an author's right in literary property was a plausible basis for legal argument, even though no statute expressly mentioned authors' rights before the Statute of Anne (1710). The collection also explores different moments of historical significance for intellectual property law: the first trade mark injunctions; the difficulties the law faced when protecting maps; and the origins of originality in copyright law. Similarly, it considers the different ways of interpreting patent claims in the late nineteenth and twentieth century; the impact of seminal cases on passing off and the law of confidentiality; and more generally, the construction of intellectual property law and its branches in their interaction with new technologies and marketing developments. It is essential reading for anyone interested in the development of intellectual property law.
Download or read book Landmark Intellectual Property Cases and Their Legacy written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book dedicated to the significance and legacy of landmark cases in the field of intellectual property. Eleven well-known scholars offer in-depth commentary and analysis of cases that have made an impact on legal theory or critical thinking about the scope and purpose of the protection of intellectual and industrial creativity. All the cases covered have proven useful in developing doctrine, even though subsequent developments have made some appear andmisleadingand rather than andleadingand, and for some recent cases it is too early to say whether their approach will become mainstream. Among the fundamental questions and all profoundly interesting, and to which no definite answers have yet been found and arising in the course of the analysis are the following: and Who should be master over the reputation, esteem and legacy of authors and their works and authors and their heirs, or subsequent copyright owners? and What, if any, protection should be granted to achievements in the absence of confusion? and Should prevention of unfair competition allow one to andreap what one has not sownand? and Should we protect commercial investment beyond the scope of defined intellectual property rights? and Should it be considered a tort to use a well-known mark in a way that may dilute its repute and distinctive character? and What kinds of monopolies should be protected, if any? and Does the patent system in its current form allow us to question the assumption that technological progress is good per se, and that novel and inventive solutions should thus be protected? and Should extraneous considerations such as public good and social usefulness be considered at the stages of grant and enforcement of patent rights? and Should we grant patents over living organisms whose workings and reproduction are a long way from being completely understood? and Should the rules developed for the enforcement of property rights limit a patenteeands remedies to appropriate damages, thereby effectively granting a compulsory licence? The book concludes with an analysis of two case clusters remarkable for the worldwide dimension of the dispute. The authors show how litigation over Lego in about 30 jurisdictions and Budweiser in over 40 jurisdictions has enriched doctrine on such issues as contract, trade marks, trade names, geographical indications, property rights in general, human rights, and various international and bilateral treaties, all as they impinge on the protection of intellectual property rights. For scholars in the field, as well as for lawyers seeking a rich vein of doctrine to buttress a case, this unusual book will be of incomparable value. As a masterful clarification of salient doctrine, it represents a major contribution to the legal theory underpinning intellectual property law.
Download or read book China Court Cases on Intellectual Property Rights written by Zhou Lin and published by Kluwer Law International B.V.. This book was released on 2011-09-09 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents, in extraordinary detail, sixteen landmark cases that profoundly affect the protection of intellectual property rights in China. Written by six prominent Chinese legal scholars and jurists – including judges who themselves participated in these decisions – each case is fully described and analysed: the parties and their representatives, the basic facts, the facts ascertained by the court, the evidence presented by plaintiffs and defendants, the judges’ opinions with their arguments and reasoning, the unanimous conclusions, and the judgment, along with a wealth of deeply informed comment. Among the questions raised by these cases are the following: Is a website within the definition of a ‘work’ in copyright law, and thus protected? How should the acts of uploading and downloading of works from the Internet be classified? Can the concept of torts be applied in the Internet context? What is the legal liability of an Internet service provider? How is a defendant’s ‘unreasonable conduct’ to be determined? Who is responsible for the determination of ‘artistic value’ – e.g., of clothing designs? What evidence must be presented to serve as sufficient proof that a domain name is a party’s own creation? In what a manner should packaging and decoration be regarded? How should the ‘author’ in copyright conflict cases be identified? How should an unauthorized web link be judged? When do separate components assembled to create a product enjoy copyright protection? How should damages be determined? An introductory essay provides a detailed overview of the characteristics of China’s intellectual property law as it continues to develop, with attention to such factors as the specific laws enacted, the various courts and tribunals to which IP cases are assigned, the progress of a case, starting from filing to winding up, regulations, reform programs, and rules of evidence. The editor puts forward his own proposals – particularly in light of the so-called ‘interfering factors’ – on reform of civil trial style in intellectual property cases. It is difficult to overstate the value of this book to anyone involved in business dealings in China. With its authoritative expertise, abundant detail, and thorough elucidation of the salient features of developing IP law and practice in China, it will serve interested parties for years to come.
Download or read book Landmark Cases in Property Law written by Simon Douglas and published by Bloomsbury Publishing. This book was released on 2015-06-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Landmark Cases in Property Law explores the development of basic principles of property law in leading cases. Each chapter considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence – How are property rights acquired? What is the content of property rights? What are the limits or boundaries of property? How are property rights extinguished? Individually and collectively, the chapters identify a number of important themes for the doctrinal development of property institutions and their broader justification. These themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of Roman legal reasoning on the common law of property. One or more of these themes (and others) is revealed through careful case analysis in each chapter, and they are collected and critically explored in the editors' introductions. This makes for a coherent and provocative collection, and ensures that Landmark Cases in Property Law will be lively and essential reading for scholars, practitioners, and all those interested in the development of property principles at law.
Download or read book Intellectual Property Stories written by Jane C. Ginsburg and published by . This book was released on 2006 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings famous cases to life by telling the true, never-heard-before stories behind landmark Intellectual Property cases. It is organized into six chapters, each drawing on cases in patents, copyrights, trademarks, or unfair competition, to illustrate the problems encountered in intellectual property law. The works, inventions, and marks at issue in these cases vary widely.
Download or read book The Law of Intellectual Property written by Craig Allen Nard and published by Aspen Publishing. This book was released on 2017-02-27 with total page 1885 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive and practical book focuses on the core concepts of Intellectual Property. Its innovative pedagogy engages students with problems drawn from actual cases and provides them with introductions to cases and contextual summaries in the notes. Patent: Up to date Federal Circuit and Supreme Court case law, including: • Nautilus, Alice, Teva, Williamson, and Lexmark • Detailed substantive comments following the principal cases • More statistics and charts, particularly relating to USPTO decision-making and PTAB inter partes review • Enhanced Patent Reform Perspectives (i.e., America Invents Act) Copyright: • Expanded coverage of contemporary developments in copyright law, with 13 new cases; • Broader coverage of recent developments gives adopters greater flexibility in choosing materials within that structure. Trademark: • Updated to reflect recent Supreme Court decisions • New materials on bars to registration, functionality, expressive use, and remedies The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.
Download or read book Annoted Landmark International Intellectual Property Cases in China 2021 2022 written by Handong Wu and published by L'Erma. This book was released on 2023-12-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book features the latest international intellectual property cases in China, covering a wide field including copyright, trademarks, trade secrets, unfair competition and etc. Focusing on "typicality", the cutting-edge of disputes, the technicality of trials, and the impact of the cases are taken as criteria to select twelve landmark cases that are the best representative of China's international IPR trials. In the meantime, "theoreticality" is not neglected in this case-based book. Relevant literature review and case review are added as supplement in each case. Twelve important scholars from seven top law schools are invited to conduct academic commentaries on the cases, summarizing the judicial rules and exploring the respective academic value in depth. With the combination of judicial and theoretical perspectives, this book could serve as a practical handbook for intellectual property case studies in China.
Download or read book Annotated Leading Patent Cases in Major Asian Jurisdictions written by Kung-Chung LIU and published by City University of HK Press. This book was released on 2017-06-06 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first of its kind, this book presents a comprehensive collection of leading patent cases from nine major Asian jurisdictions which are analyzed by eminent scholars and legal practitioners from Asia, Germany, and the United States. It contains thirty case reports covering six topics which best reflect the current trends in Asia in patent law, namely specialized IP court (or division), compulsory licensing, the intersection between patent law and competition law, injunction, damages, and choice of jurisdiction and law in cross-border patent litigation. Each case report explores a landmark case by deconstructing the legal background and the legal reasoning of the decisions, and then discussing the commercial and/or industrial ramifications. The present volume is a useful guide for practitioners, lawyers, and judges alike, a primer for students and businessmen entering the IP world, and a reminder for policymakers, both within Asia and further afield.
Download or read book Intellectual Property written by James Boyle and published by Createspace Independent Publishing Platform. This book was released on 2016-07-29 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property: Law & the Information Society - Cases & Materials 3rd edition (2016). This Open Coursebook is an introduction to intellectual property law, the set of private legal rights that allows individuals and corporations to control intangible creations and marks-from logos to novels to drug formulae -and the exceptions and limitations that define those rights. It focuses on the three main forms of US federal intellectual property-trademark, copyright and patent, with a new chapter on Federal and state trade secret protection-but many of the ideas discussed here apply far beyond those legal areas and far beyond the law of the United States. The book is intended to be a textbook for the basic Intellectual Property class, but because it is an Open Coursebook, which can be freely edited, customized, copied and shared, it is also suitable for undergraduate classes, or for a business, library studies, communications or other graduate school class. A free downloadable version can be found at the Duke Center for the Study of the Public Domain website. Each chapter contains an clear introduction to the field, cases and secondary readings illustrating the structure and conflicts in the theory and doctrine of intellectual property, followed by questions to test the student's understanding. Every chapter is built around a set of problems or role-playing exercises involving the material. The problems range from a video of the Napster oral argument, with the students asked to take the place of the lawyers, to exercises counseling clients about how search engines and trademarks interact, to discussions of the First Amendment's application to Digital Rights Management or the Supreme Court's new rulings on gene patents. The readings include writers as diverse as John Locke, Mark Twain, Victor Hugo, Thomas Babington Macaulay and John Perry Barlow, former lyricist for the Grateful Dead. This edition is current as of August 2016. It includes discussions of such issues as the Redskins' trademark cancellation and the recent constitutional challenges to it, the Google Books case, the America Invents Act's changes to patent law, and the 2016 Defend Trade Secrets Act which created a new Federal trade secrecy cause of action. It is designed to be used with Boyle & Jenkins, Intellectual Property: Selected Statutes and Treaties, 2016 Edition, which is also available both as a freely downloadable Open Coursebook and a high quality, low-cost paperback. About the Authors James Boyle is William Neal Reynolds Professor of Law at Duke Law School and the former Chairman of the Board of Creative Commons. His other books include The Public Domain: Enclosing the Commons of the Mind Jennifer Jenkins is Senior Lecturing Fellow at Duke Law School and the Director of the Center for the Study of the Public Domain. Her recent articles include In Ambiguous Battle: The Promise (and Pathos) of Public Domain Day, and Last Sale? Libraries' Rights in the Digital Age.
Download or read book Understanding Intellectual Property Law written by Tyler T. Ochoa and published by Carolina Academic Press LLC. This book was released on 2019 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Understanding Intellectual Property Law, 4th Edition, covers all of the intellectual property areas and issues likely to be addressed in an intellectual property survey course"--
Download or read book Annotated Leading Trademark Cases in Major Asian Jurisdictions written by Kung-Chung Liu and published by Routledge. This book was released on 2019-10-08 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been little or no study on trademark laws in Asia on a cross-jurisdictional level. This book aims at filling the existing gap and provides a comprehensive overview of trademark laws of eight major Asian jurisdictions and their most-updated trademark case law. The book analyses six of the principal issues that best reflect Asian features in trademark law and trademark development. The cases in the book are principally the most authoritative decisions, usually the first to deal with certain new emerging issues, or the first to apply particular statutory provisions in the respective jurisdiction. Also included are a small number of direction-changing, outlying or even controversial decisions. Each case report is divided into six sections: summary, legal context, facts, reasoning of the court, legal analysis, and commercial or industrial significance. Readers will find this book useful in both its overview of the legal context and how those cases are to be interpreted legally and commercially.
Download or read book Essentials of Intellectual Property written by Alexander I. Poltorak and published by John Wiley & Sons. This book was released on 2011-03-08 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive primer on intellectual property for business professionals, non-IP attorneys, entrepreneurs, and inventors Full of valuable tips, techniques, illustrative real-world examples, exhibits, and best practices, the Second Edition of this handy and concise paperback will help you stay up to date on the newest thinking, strategies, developments, and case law in intellectual property. Presents fundamentals of patents, trademarks, copyrights, trade secrets and other less-know forms of IP, such as registered design and mask works Covers important concepts such as IP strategy, protection, audits, valuation, management, and competitive intelligence Offers an introduction to IP licensing and enforcement Now features discussion of critical precedent-setting recent IP cases and proposed patent reform Providing business professionals and IP owners with in-depth knowledge of this extremely important subject, this book helps those new to this field gain a better understanding and appreciation for the results of their creative abilities.
Download or read book Understanding Intellectual Property Law written by Donald S. Chisum and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: There have been a number of important developments in U.S. intellectual property law since the second edition of Understanding Intellectual Property Law was published. Foremost among them was the adoption, in September 2011, of the America Invents Act, the most significant change to U.S. patent law since the 1952 Patent Act. Coverage of the new Act includes: (1) the first inventor to file system and its effects on the definition of prior art; (2) the new derivation proceedings, replacing the current system of interferences, which allows a patent owner to challenge an earlier filed patent for derivation from the subsequent patent; (3) the prior commercial use defense; (4) the new procedures for inter partes review; (5) the new procedure for post-grant review; (6) the new rules for improper patent marking: (7) changes to the treatment of tax method patents; (8) the new rules pertaining to the best mode requirement; and (9) changes to the rules of jurisdiction. The Supreme Court has been unusually active in reviewing intellectual property cases during the past four years. During that period, it has reviewed and decided 15 patent cases (including three cases on patentable subject matter), four copyright cases, and four trademark or false advertising cases. In addition, the federal Courts of Appeals have decided more than 750 patent cases, 250 copyright cases, and 400 trademark and false advertising cases during that time. Understanding Intellectual Property Law, 3rd Edition covers all of the intellectual property areas and issues likely to be addressed in an intellectual property survey course. Chapter 1 provides a comprehensive introduction.
Download or read book Fundamentals of United States Intellectual Property Law written by Amanda Reid and published by Kluwer Law International B.V.. This book was released on 2021-11-05 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: Completely revised and updated, this seventh edition of a well-received desk reference offers in one volume a comprehensive review of United States (US) copyright, patent, and trademark laws. Like its previous editions, the book’s thorough and sophisticated treatment of this complex material escapes the cumbersome overelaboration of a multivolume treatise on the one hand and a superficial “nutshell” on the other hand. Maintaining the systematic structure that makes it easy for users to zero in on any particular matter, the new edition incorporates the changes that have entered into force since the sixth edition and expertly examines their effects. The three major categories of copyright, patent, and trademark are covered in turn—along with a fourth part on chip protection—with detailed but concise examination and analysis of such issues and topics as the following and much more: subject matter of protection; conditions of protection; registration procedures; scope of exclusive rights; transfer of interests; fair use; rights in unregistered marks; protection of computer software, code, and databases; remedies and defenses; and procedural issues in infringement actions. The authors examine significant case law, updated for this edition, in the course of their analysis. With its detailed citations and readily accessible and complete subject coverage, this latest edition is sure to retain its usefulness as a quick reference or desk book for intellectual property practitioners, in-house counsel, patent agents, academics, and librarians, as well as for anyone interested in understanding US intellectual property law.
Download or read book Intellectual Property written by Rochelle Cooper Dreyfuss and published by . This book was released on 2004 with total page 1016 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook applies the principles of intellectual property protection to fact patterns arising in a variety of industries, including music, art, computers, biotechnology, and industrial design. The text takes a comparative approach to intellectual property that emphasizes the commonalities and differences in the theories underlying the regimes of trademark, copyright, and patent law. State law is integrated into the discussion, comparing laws and raising issues of pre-emption as they naturally occur in cases. A comprehensive teacher's manual provides answers to the problems, discusses each case in detail, and includes background materials, hypotheticals, and suggested readings.
Download or read book Intellectual Property written by Stephen M. McJohn and published by Aspen Pub. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Interplay Between Competition Law and Intellectual Property written by Gabriella Muscolo and published by Kluwer Law International B.V.. This book was released on 2019-01-17 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although competition law and intellectual property are often interwoven, until this book there has been little guidance on how they work together in practice. As the intersection between the two fields continues to grow worldwide, both in case law and in regulation, the book's markets-based approach, focusing on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world's most active jurisdictions, provides a much-needed in-depth understanding of how this interplay reveals itself among the different legal systems. Written by a range of authors including judges, regulators, academics, economists and practitioners in both fields, the book provides an international comparative perspective as well as detailed analysis of specific cases, policies and proposals for change. Among the issues and topics covered are the following: – free movement of goods and the protection of intellectual property rights; – standard essential patents & injunction in patent cases; – intellectual property rights between technological development and consumer protection; – geo-blocking; – online platforms and antitrust; – excessive prices. In this context, special attention is paid throughout to the increasing dialogue among Competition Authorities and between Judges and Competition Authorities around the world. As matchless remedy for the lack of uniformity heretofore, the book's investigation of the nexus between competition law and intellectual property in different sectors and in various countries takes a giant step towards a more-balanced approach and more-levelled regulation and practices. It will be warmly appreciated by policy makers, decision makers, regulators, practitioners and academics in both competition law and intellectual property fields
