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.
'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
Designed for a comprehensive intellectual property survey class (covering trademarks, copyrights, patents, trade secrets, the right of publicity, idea protection, international agreements, and other topics) or for a course focusing in greater depth on a more specific topic, such as copyright law. Because the authors believe that students of intellectual property law need experience in reading and interpreting statutory materials, they have designed the readings to supplement the relevant statutes rather than reiterate them, and to require the students to work directly and closely with statutes. The cases, notes, and textual materials have been carefully selected to generate in-depth classroom discussion.
This book presents readers with the leading and illustrative IP decisions from the UK courts, the European Patent Office, the Community Trade Mark and Designs Office and the European Court of Justice. Case reports are edited to bring out the kernel of the decision. It contains an up-to-date collection of the major legislative materials in IP law, drawn from the UK, EU and international conventions. It includes comprehensive tables including a table of European Legislation and a table of International Treaties and Conventions. It is written by Professor William Cornish, one of the most highly respected academic voices on intellectual property law.
This book combines extracts from major cases and secondary materials with critical commentary to provide a complete resource for undergraduate and postgraduate students of intellectual property law. All areas of intellectual property law in the UK are covered: copyright, trademarks and passing off, confidential information, industrial designs, patent, procedure and enforcement. This book also tackles topical areas, such as the application of intellectual property law to new technologies and character merchandising. While the focus of the book is on intellectual property law in a domestic context, it provides international, EU and comparative law perspectives on major issues. It also addresses the wider policy implications of legislative and judicial developments in the area.
As companies and organisations increasingly operate across national boundaries, so the incentive to understand how to acquire, deploy and protect IP rights in multiple national jurisdictions has rapidly increased.Transnational Intellectual Property Law meets the need for a book that introduces contemporary intellectual property as it is practiced in today's global context. Focusing on three major IP regimes - the United States, Europe and China - the unique transnational approach of this textbook will help law students and lawyers across the world understand not only how IP operates in different national contexts, but also how to coordinate IP protection across numerous national jurisdictions. International IP treaties are also covered, but in the context of an overall emphasis on transnational coordination of legal rights and strategies.Providing detailed thematic coverage of the major IP rights, including Patents, Copyright, Trademarks, Trade Secrets and Design Protection, the book delves into the national laws and operational realities of these three jurisdictions, highlighting the issues and questions that are most frequently encountered in practice. Of special note are the many English translations of Chinese legal materials - providing the richest and most in-depth coverage of authoritative IP-related statutes, cases and commentaries currently available to students.The textbook draws heavily on cases and other primary sources to tease out the differences, commonalities, and ultimately, strategies for taking a global approach to IP protection. Thought-provoking questions and scenarios throughout the book will stimulate class discussion and cement understanding.Key features: * Introductory problems allow students to identify and navigate the key issues * An accessible layout with case extracts, questions and notes clearly highlighted illustrates examples of crucial issues, helps identify key information, and points to extensive practical and scholarly commentary on important issues* Comparative approach with numerous references to law and business context in China, the United States and Europe allows students to place national IP in a global context * Expert analytical commentary on carefully selected cases guides readers on the key issues. Engaging and comprehensive, this textbook will be essential for all IP courses that aspire to teach the global dimension of IP, and for all students whose aim is to practice IP in what is an increasingly transnational marketplace.
This book sets out governing statutes and rules at the beginning of each chapter and includes sample litigation documents where possible. The structure of the casebook is to move chronologically through a typical patent case. The book begins with discussions of whom to sue, where to sue, pleading requirements, discovery, and trial strategy. It then moves into substantive legal issues, including pharmaceutical litigation under Hatch-Waxman and other specialized infringement issues, such as infringing exports, infringement by multiple actors, and the extraterritorial reach of U.S. patents. The book also provides a primer on the new America Invents Act prior art provisions. The book next addresses issues surrounding remedies, including injunctive relief, contempt proceedings (including the Federal Circuit's en banc decision in TiVo v. Echostar), and damages.
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.
The new edition of this highly regarded work has been fully updated to encompass major developments in the law. The disciplines of intellectual property and private international law are increasingly obliged to cooperate with the other. This book deals with these matters in a comprehensive way and in doing so it adopts a comparative approach.
This casebook organizes contemporary foreign, as well as U.S., case law and literature to equip law students with the knowledge they need to engage in international intellectual property practice, in both transactional and litigation settings. Carefully selected materials also expose students to the social, economic, and cultural considerations that underpin intellectual property law around the world. Each field of law - copyright, patent, trademark, unfair competition, trade secrets, industrial design - is introduced by a comprehensive author's note placing the field in its international and comparative law context, and extensive notes on the cases and materials fill in relevant details, including currently and historically important topics. A substantially expanded teacher's guide offers step-by-step help to teaching every case and doctrine.
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.
Contemporary Intellectual Property: Law and Policy offers a unique perspective on intellectual property law. It goes beyond an up-to-date account of the law and examines the complex policies that inform and guide modern intellectual property law at the domestic (including Scottish), Europeanand international levels, giving the reader a true insight into the discipline and the shape of things to come. The focus is on contemporary challenges to intellectual property law and policy and the reader is encouraged to engage critically both with the text and the subject matter. Carefully developed to ensure that the complexities of the subject are addressed in a clear and approachable manner, the extensive use of practical examples, exercises and visual aids throughout the text enliven the subject and stimulate the reader. Online Resource Centre:* Accompanied by an online resource centre which contains the following:* Updates to key areas of law * Two bonus chapters on 'History of Registered Design Law in the UK to 1988' and 'History of Unregistered Design -Protection in the UK'* Guidance on answering the discussion points from the book* Web links and further reading
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
Integrated Intellectual Property is a survey casebook offering an integrated presentation of federal patent, copyright, and trademark law as well as related state laws. The book highlights the organization of intellectual property law generally and relationships among its constituent parts. Each of 31 chapters is designed for coverage in a single, ambitious class period. Core chapters highlight the relationships among patent, copyright, and trademark law while specialty chapters explore special topics in greater depth permitting users to focus on areas of greatest interest. The book contains classic and contemporary principle and reference cases including dozens from the 2014 and 2015 as well as guides to organizing, integrating, and understanding the law and authors' notes explaining and elaborating on legal rules.
"Seed Wars is a comprehensive overview of the current domestic and international legal controversies regarding intellectual property protections for plant genetic resources (PGRs) over the past three decades. This book examines these controversies on 3 fronts: (1) the rise of intellectual property protections for plant varieties and the enclosure of the “genetic” commons; (2) the subsequent move of the agro-chemical industry from manufacturing fertilizers, pesticides, and herbicides to “manufacturing” seeds in the context of industrial agriculture; and (3) the emergence of overlapping regimes of domestic and multilateral treaties such as the Trade-Related Aspects of Intellectual Property (TRIPS, 1994), the Convention on Biodiversity (CBD, 1992) and the International Treaty on Plant Genetic Resources (ITPGR, 2004) from the 1990s on. Finally, this book speculates on possible directions that intellectual property protection for PGRs may take in the 21st century.While intellectual property protection for plants has been available in the United States since 1930, the decade of the 1960s saw the rise of Plant Variety Protections in Europe and by 1980, the U.S. Supreme Court embraced the idea that living organisms could be patented, paving the way for new plant varieties to receive utility patent protection in the U.S."
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.