Chow and Lee's International Intellectual Property: Problems, Cases, and Materials addresses the latest developments in U.S., EU, and WTO law. It contains numerous new cases, replacing older ones. The text remains concise and retains the features of the first edition that made it popular: clear expositions of the law and many short, practical, and straightforward problems that liven class discussions and draw home the lessons to the students.
This new edition of the book is completely updated with the latest developments in U.S., EU, and WTO law. It contains a number of new cases, replacing older cases. This edition remains concise and retains the features of the first that made it popular: clear expositions of the law and many short, practical, and straight forward problems that liven class discussions and draw home the lessons to the students. The casebook contains many excerpts of major international intellectual property treaties and can be used without the Documents Supplement. Students who wish to have the full text of the treaties can supplement their study with the comprehensive Documents Supplement.
This Supplement accompanies Chow and Lee's International Intellectual Property: Problems, Cases, and Materials, 3d. The new edition has been thoroughly updated.
Law school casebook with two objectives. One is to equip law students with the methodology they will need to engage in an international intellectual property practice involving transactional work or litigation. The second is to expose students to the social, economic, and cultural considerations that underpin intellectual property law around the world. Features expertly edited cases and problems for classroom discussion.
A multi-disciplinary introduction to emerging trends and issues in intellectual property and its impact on business, law, and society--from Napster to "open source," traditional media to electronic commerce, fair use to enforcement across borders.
Focusing on private international business transactions, this book covers the planning, structure, and implementation of these transactions in today’s global economy. New Key Features New Supreme Court jurisprudence on international litigation and arbitration. New developments in international investment law. New cases on corporate social responsibility.
Thanks to its manageable size, problem-based presentation, and accessible writing style, International Trade Law is one of the most comprehensive and student-friendly trade law texts on the market. It is the only international trade casebook that systematically covers all GATT articles and WTO side agreements, and offers clear explanations of how WTO obligations are implemented in the U.S. and the EU. The Second Edition has been reorganized for more systematic coverage of GATT. Trade in goods is now thoroughly covered before other types of trade, such as services and intellectual property, are presented. In addition, treatment of GATS, trade involving China, and trade and civil society has been updated to include current issues. Features: Manageable size and accessible style make this one of the most student-friendly trade law texts available. Complete coverage of the GATT--the only book to systematically cover all GATT articles together with all WTO side agreements. Coverage focused on trade of goods. Additional coverage of trade in services, technology, and foreign direct investment. An emphasis on civil society issues such as the environment, human rights, and development as they relate to international trade. Clear explanations of WTO obligations and their implementation in the U.S. and EU. Effective problems and hypotheticals. Compelling, up-to-date cases. Thoroughly updated, the revised Second Edition offers: Reorganized chapters to more systematically cover the General Agreement on Tariffs and Trade. Complete coverage of trade in goods before other types of trade are examined in the final chapters (e.g., trade in services, trade in intellectual property). Expanded coverage of trade issues involving China. Expanded coverage of trade and civil society issues. Expanded coverage of GATS. Updated cases and problems.
The contributors explore how the rise of international trade and globalization has changed the way trademark law functions in a number of important areas, including protection of well-known marks, parallel imports, enforcement of trademark rights again
'This hybrid volume, part commentary, part primary sources, with questions to stimulate further thinking, serves both as a teaching tool and as a manual for lawyers who seek a comprehensive overview of EU intellectual property law. the book aims at a generalist legal audience, with very a helpful précis of international law, including the major multilateral treaties, as well as a summary of the EU legal framework that non-Europeans will find highly useful. the authors explore the full range of traditional and emerging IP rights. They also provide in-depth analysis of remedies and of the international private law issues that increasingly arise in contemporary complex IP litigation.' - Jane Ginsburg, Columbia Law School, US
This volume concerns several aspects of China's changing market based economy. These include commercial contract enforcement, corporate structures, competition law and other issues related to China's membership in the WTO. In the past two decades, the rapid integration of China's economy into the global marketplace has created obligations and expectations of non-discrimination and regulatory transparency in domestic markets. The Chinese government has responded by demanding better governance within major companies, market sectors and public administration generally. However, as the articles in this volume show, it has struggled to find a corporate structure capable of absorbing external equity investment and participation but still amenable to direct and indirect state guidance. It has also moved cautiously in creating legal controls over unfair competition. Moreover, the protection of state owned enterprises, which serve as vehicles for domestic economic, social and political policy, has been a recurring issue in China's WTO trade disputes.
This popular casebook is divided into three parts: Part I focuses on legal issues arising out of amateur sports. Particular emphasis is placed on the roles, rules, and activities of the National Collegiate Athletic Association. The issues addressed include amateur sports associations, gender equity in amateur athletics, and amateur sports and antitrust law. Part II addresses with legal issues in professional sports. The chapters in this part deal with professional sports leagues, labor relations and antitrust law, enforcement of sports contracts, representation of professional athletes, negotiation of sports contracts, and stadium and arena issues. Part III presents issues that arise in both professional and amateur sports. The subjects analyzed include criminal liability of sports participants, tort issues, intellectual property issues, health and disability issues, drug testing, and Olympic and international sports rules and regulations. The new Seventh Edition retains the problem-based approach that has helped make this book so popular for all these years. Recent developments that have broken new ground are also included as featured cases and/or the subject of new problems. For example: • The U.S. Supreme Court's decision in American Needle, Inc. v. Nat'l Football League, earned its way into the Seventh Edition as a featured case. • The O'Bannon v. NCAA line of pending cases is addressed as a problem in both the antitrust materials and the intellectual property materials; • The emergence of a body of international sports law -- a "lex sportiva" -- gains coverage in this new edition through the addition of new problems and recently decided CAS cases; and • The class action lawsuit, Brady v. NFL, filed in April 2011, challenging various NFL player restraints and many of the questions this case raises are noted in Chapter 6. This eBook features links to Lexis Advance for further legal research options.
This casebook provides a comprehensive survey of design protection, one of the hottest fields of intellectual property. The casebook is user-friendly and accessible to students of any experience level, including students with no prior knowledge of intellectual property. The casebook takes a practical approach to the study of design protection by including numerous real-world problems for the students to answer as they study the key cases and laws in the casebook. Students are introduced to the key concepts of U.S. design patent law, trademark law, and copyright law that relate to the protection of designs. In addition, the casebook compares the U.S. approach with the popular Community design right of the European Union and also introduces the students to the Hague Agreement Concerning the International Registration of Industrial Designs. Several exam-style questions are included in the final chapter for the students to test their knowledge of the materials.
This casebook utilizes a problem-solving approach, applying 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 preemption as they naturally occur.The Second Edition utilizes a unique, problem-solving approach and a creative, student friendly structure. This method provides the opportunity to apply 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
International Intellectual Property in an Integrated World Economy provides students with a comprehensive introduction to the global system regulating intellectual property rights. The authors use meticulously selected case decisions from different national, regional, and multilateral courts and dispute settlement bodies to illustrate the application of legal principles, as well as to introduce the impact the treatment of intellectual property rights may have on a range of social and economic interests. This outstanding text recognizes that students today need to understand intellectual property concepts in the context of a global economy. This unique teaching tool: explores the technical aspects of intellectual property rights practice and the context in which decisions are made and carried out explicitly addresses the importance of technology developments for intellectual property, including how the international intellectual property system may be adapting to pressures for change explains the roles of various multilateral organizations in the regulation of intellectual property rights, including the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO), and how other regulating organizations, such as the Food and Agriculture Organization (FAO) and World Health Organization (WHO), are involved analyzes the role of regional organizations such as the European Union (EU), the European Patent Office (EPO), and the African Regional Intellectual Property Organization (ARIPO), as well as explaining the network of multilateral and regional trade agreements within the intellectual property rights system, and the mechanisms for the implementation of those agreements Provides important tools for future employment in a variety of public settings The Teacher's Manual provides: an up-to-date detailed explanation of the subject matter of the book, expanding upon the underlying themes additional substantive content that will aid in class preparation links to international institution (and other) websites that can be used for classroom illustration of how the international intellectual property system operates suggested paper topics, syllabus/page selection and sample exams For new teachers, the Teacher's Manual is an invaluable aid for classroom preparation. For experienced teachers, the commentary in the Teacher's Manual provides added value to the text. * Teaching materials available only for professors only.
INTERNATIONAL BUSINESS LAW: CASES AND MATERIALS is a timely and useful book. Uncounted millions of “international” transactions occur daily, as goods and services are purchased across the national boundaries of some 200 political units. Capital flows from nation to nation, and so—to a lesser extent—do jobs, as companies seek more favorable locations for their business operations. The “rules” (laws) governing these exchanges quickly become complex, as persons (and governments) from different countries are involved. If problems arise in a cross-border relationship, whose rules apply? What forums are available to resolve disputes? Are there tax implications to the transaction? If so, where? These and similar questions need to be factored into the decision to “go overseas.” Each of the six chapters in this book begins with a brief overview of the subject-matter, followed by short previews of the chosen case examples. The primary content of the chapters consists of some 120 court and arbitration decisions in real disputes, between real parties. The actual text of the decisions in these cases has been edited; some excerpts are quite brief, others are more substantial. Most “background” facts have been summarized by the author, but the edited-decision part of each case is quoted from the actual recorded text of the court or arbitrator who decided it. Clearly, a minute sample from tens of thousands of cases cannot provide comprehensive coverage of what all the world’s legal rules are. Our objectives here are simply to indicate some of the major potential “flash points” of doing international business, to illustrate some of the significant differences in the applicable legal rules, and to provide an exposure to the language and process by which international business disputes are resolved. “Fore-warned is fore-armed.” Being aware of these potential trouble spots, a sensible business manager will presumably consider them in making the decision to engage in cross-border transactions, and take appropriate steps to avoid or minimize potential adverse consequences. Chapter I of this book introduces International Law—its course of development and its two major sources (custom and treaties). Chapter II examines the use of national and international courts and arbitrators to resolve cross-border disputes. Chapter III provides basic coverage of the United Nations Convention on Contracts for the International Sale of Goods: when it applies, how the sale contract is formed, when risk of loss on the goods passes from Seller to Buyer, and what responsibilities the Seller has for the quality of the goods sold. Chapter IV looks at some of the legal questions that might arise in conducting cross-border commercial operations—employment issues, intellectual property issues, and investment issues. Chapter V considers potential questions regarding taxation of international activities, and the regulation of adverse environmental effects. Chapter VI reviews the efforts by national governments to apply their competition regulations to international business transactions, and the difficulties that private parties might have in attempting to enforce legal claims against governments and their agencies. While these are surely not the only legal issues that might arise in connection with international business, they do constitute a significant set of concerns of which managers need to be aware as they venture into the international “stream of commerce.”
The book begins with an overview of the current business environment in China, including a review of China's recent political history and the rise of its legal system. The first chapter also examines current hot button trade issues between China and the United States, such as the currency exchange rate issue, trade deficits, and the protection of intellectual property rights. The book includes many short problems that can stimulate classroom discussion. The documents supplement contains relevant Chinese laws and regulations that are helpful in answering many of the questions and problems in the text.
The second edition of Intellectual Property Taxation is, like the first, a problem-based, transaction-oriented treatment of intellectual property taxation. It explores the tax consequences of creating, buying, exploiting, and selling various IP assets (including patents, trade secrets, know-how, copyrights, trademarks, and computer software) in both domestic and international transactions. It features practical tax planning strategies used in connection with IP and raises interesting tax policy questions. Each chapter contains an assignment of code provisions and treasury regulations, a problem set, an overview, and excerpts of important cases and administrative pronouncements.