Author: Jay Dratler, Jr.
Publisher: Law Journal Press
ISBN: 9781588520548
Category : Law
Languages : en
Pages : 1386
Book Description
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.
Intellectual Property Law
Author: Jay Dratler, Jr.
Publisher: Law Journal Press
ISBN: 9781588520548
Category : Law
Languages : en
Pages : 1386
Book Description
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.
Publisher: Law Journal Press
ISBN: 9781588520548
Category : Law
Languages : en
Pages : 1386
Book Description
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.
Intellectual Property Law in China
Author: Christopher Heath
Publisher: Kluwer Law International B.V.
ISBN: 9403519819
Category : Law
Languages : en
Pages : 310
Book Description
Intellectual property law and practice in China has changed dramatically since the first edition of this influential book published in 2005. Today, judicial and administrative application of law plays a major role, and accordingly this entirely rewritten new edition draws on an abundance of court and administrative decisions clarifying how the law is applied. In a thorough and systematic manner, the authors clearly demonstrate the sophisticated level of legal certainty available for domestic and foreign entities doing business in China, including the adaptation of the legal framework to new technologies, broadened scope of protected subject matter, improved quality of filings, and significant enhancement of enforcement not only with regard to remedies but also to procedural aspects. Providing comprehensive coverage of all aspects of intellectual property protection in China – including analysis of IP-related provisions of China’s new Civil Code – the book emphasizes issues of concern to foreign traders and investors such as the following: copyright law and software protection; protection of trademarks, including Chinese character and Roman script trademarks, well-known marks and bad faith applications; technology transfer; enforcement of trade secret and patent protection; criminal liability for infringement; unfair competition and antitrust law; role of the binding interpretations of the Supreme People’s Court; administrative regulations that supplement the laws; co-operation with administrative authorities; protection of geographical indications; protection of trade names; domain name dispute resolution; special patent-related laws protecting such areas as plant varieties, integrated circuit layout designs,; and relevant provisions of the distinct laws of Hong Kong and Macao. Full descriptions of the competencies of China’s IP-related institutions are included with detailed attention to procedural matters. Brief historical notes in each chapter feature the most significant changes in each amendment of law and regulation. Because in China the laws are supplemented and interpreted by numerous guidelines and circulars issued by ministries or courts, the up-to-date knowledge and awareness provided in this new edition is essential for all companies investing in China or considering such investment, as well as for practitioners counselling their clients on strategies. In addition, officials and policymakers involved in trade or other relations with China will benefit from a comprehensive update of what the current law is and a critical view of what the challenges are. “...the 2021 IPLCN is a recommended read for those who seek a well-written English textbook which covers the main principles of Chinese IP Law. Clearly outlined, it is probably one of the best of its kind on the market. Its existence is welcome and necessary in the current era, where languages are still obstacles.” By Tian Lu, Book Review for The IP Kitten, September 2021.
Publisher: Kluwer Law International B.V.
ISBN: 9403519819
Category : Law
Languages : en
Pages : 310
Book Description
Intellectual property law and practice in China has changed dramatically since the first edition of this influential book published in 2005. Today, judicial and administrative application of law plays a major role, and accordingly this entirely rewritten new edition draws on an abundance of court and administrative decisions clarifying how the law is applied. In a thorough and systematic manner, the authors clearly demonstrate the sophisticated level of legal certainty available for domestic and foreign entities doing business in China, including the adaptation of the legal framework to new technologies, broadened scope of protected subject matter, improved quality of filings, and significant enhancement of enforcement not only with regard to remedies but also to procedural aspects. Providing comprehensive coverage of all aspects of intellectual property protection in China – including analysis of IP-related provisions of China’s new Civil Code – the book emphasizes issues of concern to foreign traders and investors such as the following: copyright law and software protection; protection of trademarks, including Chinese character and Roman script trademarks, well-known marks and bad faith applications; technology transfer; enforcement of trade secret and patent protection; criminal liability for infringement; unfair competition and antitrust law; role of the binding interpretations of the Supreme People’s Court; administrative regulations that supplement the laws; co-operation with administrative authorities; protection of geographical indications; protection of trade names; domain name dispute resolution; special patent-related laws protecting such areas as plant varieties, integrated circuit layout designs,; and relevant provisions of the distinct laws of Hong Kong and Macao. Full descriptions of the competencies of China’s IP-related institutions are included with detailed attention to procedural matters. Brief historical notes in each chapter feature the most significant changes in each amendment of law and regulation. Because in China the laws are supplemented and interpreted by numerous guidelines and circulars issued by ministries or courts, the up-to-date knowledge and awareness provided in this new edition is essential for all companies investing in China or considering such investment, as well as for practitioners counselling their clients on strategies. In addition, officials and policymakers involved in trade or other relations with China will benefit from a comprehensive update of what the current law is and a critical view of what the challenges are. “...the 2021 IPLCN is a recommended read for those who seek a well-written English textbook which covers the main principles of Chinese IP Law. Clearly outlined, it is probably one of the best of its kind on the market. Its existence is welcome and necessary in the current era, where languages are still obstacles.” By Tian Lu, Book Review for The IP Kitten, September 2021.
Employees’ Intellectual Property Rights
Author: Sanna Wolk
Publisher: Kluwer Law International B.V.
ISBN: 9041192654
Category : Law
Languages : en
Pages : 680
Book Description
In today’s knowledge-based global economy, most inventions are made by employed persons through their employers’ research and development activities. However, methods of establishing rights over an employee’s intellectual property assets are relatively uncertain in the absence of international solutions. Given that increasingly more businesses establish entities in different countries and more employees co-operate across borders, it becomes essential for companies to be able to establish the conditions under which ownership subsists in intellectual property created in employment relationships in various countries. This comparative law publication describes and analyses employers’ acquisition of employees’ intellectual property rights, first in general and then in depth. This second edition of the book considers thirty-four different jurisdictions worldwide. The book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. Among the issues and topics covered by the forty-nine distinguished contributors are the following: • different approaches in different law systems; • choice of law for contracts; • harmonizing international jurisdiction rules; • conditions for recognition and enforcement of foreign judgments; • employees’ rights in copyright, semiconductor chips, inventions, designs, plant varieties and utility models on a country-by-country basis; • employee remuneration right; • parties’ duty to inform; and • instances for disputes. With its wealth of information on an increasingly important subject for practitioners in every jurisdiction, this book is sure to be put to constant use by corporate lawyers and in-house counsel everywhere. It is also exceptionally valuable as a thorough resource for academics and researchers interested in the international harmonization of intellectual property law.
Publisher: Kluwer Law International B.V.
ISBN: 9041192654
Category : Law
Languages : en
Pages : 680
Book Description
In today’s knowledge-based global economy, most inventions are made by employed persons through their employers’ research and development activities. However, methods of establishing rights over an employee’s intellectual property assets are relatively uncertain in the absence of international solutions. Given that increasingly more businesses establish entities in different countries and more employees co-operate across borders, it becomes essential for companies to be able to establish the conditions under which ownership subsists in intellectual property created in employment relationships in various countries. This comparative law publication describes and analyses employers’ acquisition of employees’ intellectual property rights, first in general and then in depth. This second edition of the book considers thirty-four different jurisdictions worldwide. The book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. Among the issues and topics covered by the forty-nine distinguished contributors are the following: • different approaches in different law systems; • choice of law for contracts; • harmonizing international jurisdiction rules; • conditions for recognition and enforcement of foreign judgments; • employees’ rights in copyright, semiconductor chips, inventions, designs, plant varieties and utility models on a country-by-country basis; • employee remuneration right; • parties’ duty to inform; and • instances for disputes. With its wealth of information on an increasingly important subject for practitioners in every jurisdiction, this book is sure to be put to constant use by corporate lawyers and in-house counsel everywhere. It is also exceptionally valuable as a thorough resource for academics and researchers interested in the international harmonization of intellectual property law.
Intellectual Property Deskbook for the Business Lawyer
Author: Sharon K. Sandeen
Publisher: American Bar Association
ISBN: 9781590316801
Category : Business & Economics
Languages : en
Pages : 270
Book Description
The Intellectual Property Deskbook is intended to serve as the business lawyer's starting point for issue identification, perspective, and resources in dealing with intellectual property issues and assets, whether in the context of structuring and consummating transactions or in the day-to-day counseling of clients. It is specifically designed to become the go-to reference for beginning the analysis, refreshing the memory, or seeking direction for in depth research on the wide range of IP-related issues.
Publisher: American Bar Association
ISBN: 9781590316801
Category : Business & Economics
Languages : en
Pages : 270
Book Description
The Intellectual Property Deskbook is intended to serve as the business lawyer's starting point for issue identification, perspective, and resources in dealing with intellectual property issues and assets, whether in the context of structuring and consummating transactions or in the day-to-day counseling of clients. It is specifically designed to become the go-to reference for beginning the analysis, refreshing the memory, or seeking direction for in depth research on the wide range of IP-related issues.
Intellectual Property in New Zealand
Author: Susy Frankel
Publisher:
ISBN: 9780408718356
Category : Intellectual property
Languages : en
Pages : 900
Book Description
INTELLECTUAL PROPERTY IN NEW ZEALAND offers the most up-to-date and comprehensive information and analysis of this dynamic field. It provides commercially focused material for practitioners, in a style accessible to undergraduate students. Intellectual property law is an integral part of almost all commercial endeavours, including the creative industries, inventions, and the rapidly changing world of information technology.
Publisher:
ISBN: 9780408718356
Category : Intellectual property
Languages : en
Pages : 900
Book Description
INTELLECTUAL PROPERTY IN NEW ZEALAND offers the most up-to-date and comprehensive information and analysis of this dynamic field. It provides commercially focused material for practitioners, in a style accessible to undergraduate students. Intellectual property law is an integral part of almost all commercial endeavours, including the creative industries, inventions, and the rapidly changing world of information technology.
Intellectual Property
Author: Paul Goldstein
Publisher: Penguin
ISBN: 1101216387
Category : Business & Economics
Languages : en
Pages : 268
Book Description
The definitive guide to intellectual property for business managers How can a product of the mind—an innovation, a song, a logo, a business secret—become the subject of precise property rights? No idea is entirely original; every innovative business borrows, sometimes extensively, from its competitors and others. So how do we draw the line between fair and unfair use? Billions of dollars ride on that question, as do the fates of publishers, software producers, drug companies, advertising firms, and many others. It’s also a key question for individuals—for instance, if you quit your job after mastering the company’s secrets, what can you do with that information? With the growth of the internet and global markets, having a smart IP strategy is more essential than ever. Intellectual Property is the ideal book for non-lawyers who deal with patents, trade secrets, trademarks, and copyrights—all essential business issues that have changed rapidly in the last few years. Goldstein draws on dozens of fascinating case studies, from the Polaroid vs. Kodak battle to Kellogg’s surprising trademark suit against Exxon to whether a generic perfume is allowed to smell exactly like Chanel No. 5. Every business decision that involves IP is also a legal decision, and every legal decision is also a business decision. Lawyers and managers need to work together to navigate these murky waters, and this book shows how.
Publisher: Penguin
ISBN: 1101216387
Category : Business & Economics
Languages : en
Pages : 268
Book Description
The definitive guide to intellectual property for business managers How can a product of the mind—an innovation, a song, a logo, a business secret—become the subject of precise property rights? No idea is entirely original; every innovative business borrows, sometimes extensively, from its competitors and others. So how do we draw the line between fair and unfair use? Billions of dollars ride on that question, as do the fates of publishers, software producers, drug companies, advertising firms, and many others. It’s also a key question for individuals—for instance, if you quit your job after mastering the company’s secrets, what can you do with that information? With the growth of the internet and global markets, having a smart IP strategy is more essential than ever. Intellectual Property is the ideal book for non-lawyers who deal with patents, trade secrets, trademarks, and copyrights—all essential business issues that have changed rapidly in the last few years. Goldstein draws on dozens of fascinating case studies, from the Polaroid vs. Kodak battle to Kellogg’s surprising trademark suit against Exxon to whether a generic perfume is allowed to smell exactly like Chanel No. 5. Every business decision that involves IP is also a legal decision, and every legal decision is also a business decision. Lawyers and managers need to work together to navigate these murky waters, and this book shows how.
Intellectual Property Law and the Fourth Industrial Revolution
Author: Christopher Heath
Publisher: Kluwer Law International B.V.
ISBN: 9403522135
Category : Law
Languages : en
Pages : 330
Book Description
The convergence of various fields of technology is changing the fabric of society. Big data and data mining, Internet of Things, artificial intelligence and blockchains are already affecting business models and leading to a social and economic transformations that have been dubbed by the fourth industrial revolution. Focusing on the framework of intellectual property rights, the contributions to this book analyse how the technical background of this massive transformation affects intellectual property law and policy and how intellectual property is likely to change in order to serve the society. Well-known authorities in intellectual property law offer in-depth chapters on the roles in this revolution of such concepts and actualities as the following: power and role of data as the raw material of the revolution; artificial inventors and creators; trade marks in the dimension of avatars and fictional game characters; concept of inventive step change where the person skilled in the art is virtual; data rights versus intellectual property rights; transparency in the context of big data; interrelations of data, technology transfer and antitrust; self-executable and ‘smart’ contracts; redefining the balance among exclusive rights, development, technology transfer and contracts; and proprietary information versus the public domain. The chapters also provide complete analyses of how big data changes decision-making processes, how sustainable development requires redefinition, how technology transfer is re-emerging as technology diffusion and how the role of contracts and blockchain as instruments of monitoring and enforcement are being defined. Offering the first in-depth legal commentary and analysis of this highly topical issue, the book approaches the fourth industrial revolution from the perspectives of technical background, society and law. Its authoritative analysis of how the data-driven economy influences innovation and technology transfer is without peer. It will be welcomed by practicing lawyers in intellectual property rights and competition law, as well as by academics, think tanks and policymakers.
Publisher: Kluwer Law International B.V.
ISBN: 9403522135
Category : Law
Languages : en
Pages : 330
Book Description
The convergence of various fields of technology is changing the fabric of society. Big data and data mining, Internet of Things, artificial intelligence and blockchains are already affecting business models and leading to a social and economic transformations that have been dubbed by the fourth industrial revolution. Focusing on the framework of intellectual property rights, the contributions to this book analyse how the technical background of this massive transformation affects intellectual property law and policy and how intellectual property is likely to change in order to serve the society. Well-known authorities in intellectual property law offer in-depth chapters on the roles in this revolution of such concepts and actualities as the following: power and role of data as the raw material of the revolution; artificial inventors and creators; trade marks in the dimension of avatars and fictional game characters; concept of inventive step change where the person skilled in the art is virtual; data rights versus intellectual property rights; transparency in the context of big data; interrelations of data, technology transfer and antitrust; self-executable and ‘smart’ contracts; redefining the balance among exclusive rights, development, technology transfer and contracts; and proprietary information versus the public domain. The chapters also provide complete analyses of how big data changes decision-making processes, how sustainable development requires redefinition, how technology transfer is re-emerging as technology diffusion and how the role of contracts and blockchain as instruments of monitoring and enforcement are being defined. Offering the first in-depth legal commentary and analysis of this highly topical issue, the book approaches the fourth industrial revolution from the perspectives of technical background, society and law. Its authoritative analysis of how the data-driven economy influences innovation and technology transfer is without peer. It will be welcomed by practicing lawyers in intellectual property rights and competition law, as well as by academics, think tanks and policymakers.
Intellectual Property Law in France
Author: Nicolas Bouche
Publisher: Kluwer Law International B.V.
ISBN: 9041190600
Category : Law
Languages : en
Pages : 196
Book Description
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 France. 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. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in France will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.
Publisher: Kluwer Law International B.V.
ISBN: 9041190600
Category : Law
Languages : en
Pages : 196
Book Description
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 France. 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. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in France will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.
The Oxford Handbook of Intellectual Property Law
Author: Rochelle Cooper Dreyfuss
Publisher: Oxford University Press
ISBN: 0198758456
Category : Law
Languages : en
Pages : 1025
Book Description
A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.
Publisher: Oxford University Press
ISBN: 0198758456
Category : Law
Languages : en
Pages : 1025
Book Description
A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.
3D Printing, Intellectual Property and Innovation
Author: Rosa Maria Ballardini
Publisher: Kluwer Law International B.V.
ISBN: 9041183833
Category : Law
Languages : en
Pages : 449
Book Description
3D printing (or, more correctly, additive manufacturing) is the general term for those software-driven technologies that create physical objects by successive layering of materials. Due to recent advances in the quality of objects produced and to lower processing costs, the increasing dispersion and availability of these technologies have major implications not only for manufacturers and distributors but also for users and consumers, raising unprecedented challenges for intellectual property protection and enforcement. This is the first and only book to discuss 3D printing technology from a multidisciplinary perspective that encompasses law, economics, engineering, technology, and policy. Originating in a collaborative study spearheaded by the Hanken School of Economics, the Aalto University and the University of Helsinki in Finland and engaging an international consortium of legal, design and production engineering experts, with substantial contributions from industrial partners, the book fully exposes and examines the fundamental questions related to the nexus of intellectual property law, emerging technologies, 3D printing, business innovation, and policy issues. Twenty-five legal, technical, and business experts contribute sixteen peer-reviewed chapters, each focusing on a specific area, that collectively evaluate the tensions created by 3D printing technology in the context of the global economy. The topics covered include: • current and future business models for 3D printing applications; • intellectual property rights in 3D printing; • essential patents and technical standards in additive manufacturing; • patent and bioprinting; • private use and 3D printing; • copyright licences on the user-generated content (UGC) in 3D printing; • copyright implications of 3D scanning; and • non-traditional trademark infringement in the 3D printing context. Specific industrial applications – including aeronautics, automotive industries, construction equipment, toy and jewellery making, medical devices, tissue engineering, and regenerative medicine – are all touched upon in the course of analyses. In a legal context, the central focus is on the technology’s implications for US and European intellectual property law, anchored in a comparison of relevant laws and cases in several legal systems. This work is a matchless resource for patent, copyright, and trademark attorneys and other corporate counsel, innovation economists, industrial designers and engineers, and academics and policymakers concerned with this complex topic.
Publisher: Kluwer Law International B.V.
ISBN: 9041183833
Category : Law
Languages : en
Pages : 449
Book Description
3D printing (or, more correctly, additive manufacturing) is the general term for those software-driven technologies that create physical objects by successive layering of materials. Due to recent advances in the quality of objects produced and to lower processing costs, the increasing dispersion and availability of these technologies have major implications not only for manufacturers and distributors but also for users and consumers, raising unprecedented challenges for intellectual property protection and enforcement. This is the first and only book to discuss 3D printing technology from a multidisciplinary perspective that encompasses law, economics, engineering, technology, and policy. Originating in a collaborative study spearheaded by the Hanken School of Economics, the Aalto University and the University of Helsinki in Finland and engaging an international consortium of legal, design and production engineering experts, with substantial contributions from industrial partners, the book fully exposes and examines the fundamental questions related to the nexus of intellectual property law, emerging technologies, 3D printing, business innovation, and policy issues. Twenty-five legal, technical, and business experts contribute sixteen peer-reviewed chapters, each focusing on a specific area, that collectively evaluate the tensions created by 3D printing technology in the context of the global economy. The topics covered include: • current and future business models for 3D printing applications; • intellectual property rights in 3D printing; • essential patents and technical standards in additive manufacturing; • patent and bioprinting; • private use and 3D printing; • copyright licences on the user-generated content (UGC) in 3D printing; • copyright implications of 3D scanning; and • non-traditional trademark infringement in the 3D printing context. Specific industrial applications – including aeronautics, automotive industries, construction equipment, toy and jewellery making, medical devices, tissue engineering, and regenerative medicine – are all touched upon in the course of analyses. In a legal context, the central focus is on the technology’s implications for US and European intellectual property law, anchored in a comparison of relevant laws and cases in several legal systems. This work is a matchless resource for patent, copyright, and trademark attorneys and other corporate counsel, innovation economists, industrial designers and engineers, and academics and policymakers concerned with this complex topic.