Download or read book Intellectual Property and the Common Law written by Shyamkrishna Balganesh and published by Cambridge University Press. This book was released on 2013-09-02 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, leading scholars of intellectual property and information policy examine what the common law - a method of reasoning, an approach to rule making, and a body of substantive law - can contribute to discussions about the scope, structure and function of intellectual property. The book presents an array of methodologies, substantive areas and normative positions, tying these concepts together by looking to the common law for guidance. Drawing on interdisciplinary ideas and principles that are embedded within the working of common law, it shows that the answers to many of modern intellectual property law's most puzzling questions may be found in the wisdom, versatility and adaptability of the common law. The book argues that despite the degree of interdisciplinary specialization in the field, intellectual property is fundamentally a creation of the law; therefore, the basic building blocks of the law can shed important light on what intellectual property can and should (and was perhaps meant to) be.
Download or read book Intellectual Property in Common Law and Civil Law written by Toshiko Takenaka and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔIntellectual Property in Common Law and Civil Law presents the perspectives of common as well as civil law, on global IP LawÕs most pertinent issues ranging from inventive step all the way to injunctive relief. Edited by Professor Takenaka, director of the University of WashingtonÕs renowned Center for Advanced Studies and Research on IP (CASRIP), the book assembles deep but easy to read essays by some of the worldÕs leading IP scholars. In short, IP LawÕs most important issues from a global perspective; by the worldÕs leading scholars, yet in a nutshell. Excellent!Õ Ð Christoph Ann, Technische UniversitŠt Mÿnchen, Germany Despite increasing worldwide harmonization of intellectual property, driven by US patent reform and numerous EU Directives, the common law and civil law traditions still exert powerful and divergent influences on certain features of national IP systems. Drawing together the views and experiences of scholars and lawyers from the United States, Europe and Asia, this book examines how different characteristics embedded in national IP systems stem from differences in the fundamental legal principles of the two traditions. It questions whether these elements are destined to remain diverged, and tries to identify common ground that might facilitate a form of harmonization. Containing the most current and up-to-date IP issues from a global perspective, this book will be a valuable resource for IP and comparative law academics, law students, policy makers, as well as lawyers and in-house counsels.
Download or read book The Common Law of Intellectual Property written by Catherine Ng and published by Bloomsbury Publishing. This book was released on 2010-08-25 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays was written in honour of David Vaver, who recently retired as Professor of Intellectual Property and Information Technology Law and Director of the Oxford Intellectual Property Research Centre at the University of Oxford. The essays, written by some of the world's leading academics, practitioners and judges in the field of intellectual property law, take as their starting point the common assumption that the patent, copyright and trade mark laws within members of the 'common law family' (Australia, Canada, Israel, Singapore, South Africa, the United Kingdom, the United States, and so on) share some sort of common tradition. The contributors examine, in relation to particular topics, the extent to which such a shared view of the field exists in the face of other forces that are producing divergence. The essays discuss, inter alia, issues concerning court practices, the medical treatment exception, non-obviousness and sufficiency in patent law, originality and exceptions in copyright law, unfair competition law, and cross-border goodwill and dilution in trade mark law.
Download or read book The Enforcement of Intellectual Property Rights A Case Book written by L.T.C. Harms and published by WIPO. This book was released on 2012-12 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this publication, WIPO and the author aim at making available for judges, lawyers and law enforcement officials a valuable tool for the handling of intellectual property cases. To that effect, the case book uses carefully selected court decisions drawn from various countries with either civil or common law traditions. The extracts from the decisions and accompanying comments illustrate the different areas of intellectual property law, with an emphasis on matters that typically arise in connection with the enforcement of intellectual property rights in civil as well as criminal proceedings.
Download or read book Forgotten Intellectual Property Lore written by Shubha Ghosh and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book explores forgotten disputes over intellectual property and the ways in which creative people and sovereigns have managed these disputes throughout the centuries. With a focus on reform, it raises important questions about the resilience of legal rules and challenges the methodology behind traditional legal analyses. Focusing on lore and traditions, expert contributors incorporate contextual understandings that are rooted in history, sociology, political science, and literary studies into their analyses.
Download or read book Intellectual Property and the Common Law written by Shyamkrishna Balganesh and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, leading scholars of intellectual property and information policy examine what the common law - a method of reasoning, an approach to rule making, and a body of substantive law - can contribute to discussions about the scope, structure and function of intellectual property. The book presents an array of methodologies, substantive areas and normative positions, tying these concepts together by looking to the common law for guidance. Drawing on interdisciplinary ideas and principles that are embedded within the working of common law, it shows that the answers to many of modern intellectual property law's most puzzling questions may be found in the wisdom, versatility and adaptability of the common law. The book argues that despite the degree of interdisciplinary specialization in the field, intellectual property is fundamentally a creation of the law; therefore, the basic building blocks of the law can shed important light on what intellectual property can and should (and was perhaps meant to) be.
Download or read book Intellectual Property Rights written by David Vaver and published by Taylor & Francis. This book was released on 2006 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Simple Rules for a Complex World written by Richard Allen EPSTEIN and published by Harvard University Press. This book was released on 2009-06-30 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Too many laws, too many lawyers--that's the necessary consequence of a complex society, or so conventional wisdom has it. Countless pundits insist that any call for legal simplification smacks of nostalgia, sentimentality, or naivete. But the conventional view, the noted legal scholar Richard Epstein tells us, has it exactly backward. The richer texture of modern society allows for more individual freedom and choice. And it allows us to organize a comprehensive legal order capable of meeting the technological and social challenges of today on the basis of just six core principles. In this book, Epstein demonstrates how. The first four rules, which regulate human interactions in ordinary social life, concern the autonomy of the individual, property, contract, and tort. Taken together these rules establish and protect consistent entitlements over all resources, both human and natural. These rules are backstopped by two more rules that permit forced exchanges on payment of just compensation when private or public necessity so dictates. Epstein then uses these six building blocks to clarify many intractable problems in the modern legal landscape. His discussion of employment contracts explains the hidden virtues of contracts at will and exposes the crippling weaknesses of laws regarding collective bargaining, unjust dismissal, employer discrimination, and comparable worth. And his analysis shows how laws governing liability for products and professional services, corporate transactions, and environmental protection have generated unnecessary social strife and economic dislocation by violating these basic principles. Simple Rules for a Complex World offers a sophisticated agenda for comprehensive social reform that undoes much of the mischief of the modern regulatory state. At a time when most Americans have come to distrust and fear government at all levels, Epstein shows how a consistent application of economic and political theory allows us to steer a middle path between too much and too little.
Download or read book Copyright Protection of Unpublished Works in the Common Law World written by Patrick Masiyakurima and published by Bloomsbury Publishing. This book was released on 2020-03-05 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses copyright protection of unpublished works including letters, diaries, manuscripts, photographs, memoranda, sketches, private journals, government records and drafts intended for future publication. Under contemporary British copyright law, unpublished works are protected by the Copyright, Designs and Patents Act 1988. In addition, the Berne Convention anticipates that unpublished works shall receive protection. While unpublished works are, in general, assimilated to the treatment of published ones, notable differences in the strength of protection afforded to published and unpublished works remain. It is the case that contemporary British copyright law confers stronger and longer protection on unpublished works. For instance, the unpublished status of a work assumes pivotal significance in the framework for determining: qualification for copyright protection, the extent of copyright protection, exceptions to copyright infringement and the remedies for copyright infringement. The principal aim of the book is to consider whether copyright in unpublished works is justified; a task which is prosecuted from historical, normative and legal perspectives. Although the book's primary focus is the treatment of unpublished works in Britain, it also relies extensively on materials from other Common Law jurisdictions. The book contributes to the understanding of why cumulative protection of unpublished works emerged, and how exceptions to rights in unpublished works evolved. Moreover, the analysis deployed in the book aids the task of applying the law to 'new circumstances'.
Download or read book Intellectual Privilege written by Tom W. Bell and published by Mercatus Center at George Mason University. This book was released on 2014-04-14 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: A consensus has recently emerged among academics and policymakers that US copyright law has fallen out of balance. Lawmakers have responded by taking up proposals to reform the Copyright Act. But how should they proceed? This book offers a new and insightful view of copyright, marking the path toward a world less encumbered by legal restrictions and yet richer in art, music, and other expressive works. Two opposing viewpoints have driven the debate over copyright policy. One side questions copyright for the same reasons it questions all restraints on freedoms of expression, and dismisses copyright, like other forms of property, as a mere plaything of political forces. The opposing side regards copyrights as property rights that deserve—like rights in houses, cars, and other forms of property—the fullest protection of the law. Each of these viewpoints defends important truths. Both fail, however, to capture the essence of copyright. In Intellectual Privilege, Tom W. Bell reveals copyright as a statutory privilege that threatens our natural and constitutional rights. From this fresh perspective come fresh solutions to copyright’s problems. Published by the Mercatus Center at George Mason University.
Download or read book Intellectual Property Law written by David I. Bainbridge and published by Longman. This book was released on 2011 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is designed to help you to relate all the reading and study throughout your course specifically to exam and assignment situations. Understand quickly what is required, organise your revision, and learn the keypoints with ease, to get the grades you need. Tested with examiners and students.
Download or read book Intellectual Property Law for Engineers and Scientists written by Howard B. Rockman and published by John Wiley & Sons. This book was released on 2004-07-26 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: An excellent text for clients to read before meeting with attorneys so they'll understand the fundamentals of patent, copyright, trade secret, trademark, mask work, and unfair competition laws. This is not a "do-it-yourself" manual but rather a ready reference tool for inventors or creators that will generate maximum efficiencies in obtaining, preserving and enforcing their intellectual property rights. It explains why they need to secure the services of IPR attorneys. Coverage includes employment contracts, including the ability of engineers to take confidential and secret knowledge to a new job, shop rights and information to help an entrepreneur establish a non-conflicting enterprise when leaving their prior employment. Sample forms of contracts, contract clauses, and points to consider before signing employment agreements are included. Coverage of copyright, software protection, and the Digital Millennium Copyright Act (DMCA) as well as the procedural variances in international intellectual property laws and procedures.
Download or read book The Economic Structure of Intellectual Property Law written by William M. LANDES and published by Harvard University Press. This book was released on 2009-06-30 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Intellectual Property and the Judiciary written by Christophe Geiger and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property and the Judiciary explores the role of the judiciary in the elaboration and interpretation of intellectual property law, exploring how IP doctrine and policy are developed and the manner in which judges construct and apply norms in different court systems. The authors engage in a comparative exploration of various national, European and international judiciaries and appraise the competing and complementary roles of governing bodies. The book offers an examination of both common law and civil law traditions in the context of judicial treatment of intellectual property.
Download or read book Intellectual Property Law written by Jay Dratler, Jr. and published by Law Journal Press. This book was released on 2023-08-28 with total page 1386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the TRIPs Agreement, the Madrid Protocol and other international conventions, and compares the basic principles of U.S. law with Asian & European law.
Download or read book Contemporary Intellectual Property written by Hector L. MacQueen and published by Oxford University Press, USA. This book was released on 2007 with total page 1024 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is accompanied by a web site where students and lecturers alike can access updates on major developments in the law as well as pointers to the exercises contained in the text.
Download or read book A Critique of the Ontology of Intellectual Property Law written by Alexander Peukert and published by Cambridge University Press. This book was released on 2021-05-20 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property (IP) law operates with the ontological assumption that immaterial goods such as works, inventions, and designs exist, and that these abstract types can be owned like a piece of land. Alexander Peukert provides a comprehensive critique of this paradigm, showing that the abstract IP object is a speech-based construct, which first crystalised in the eighteenth century. He highlights the theoretical flaws of metaphysical object ontology and introduces John Searle's social ontology as a more plausible approach to the subject matter of IP. On this basis, he proposes an IP theory under which IP rights provide their holders with an exclusive privilege to use reproducible 'Master Artefacts.' Such a legal-realist IP theory, Peukert argues, is both descriptively and prescriptively superior to the prevailing paradigm of the abstract IP object. This work was originally published in German and was translated by Gill Mertens.
