"We need to seamlessly integrate IPR in the standard graduate/post graduate courses in science, technology, commerce, creative arts, etc., without over burdening the students with law"
-Dr Prabuddha Ganguli, CEO, VISION-IPR
Nanotechnology Intellectual Property Rights: Research, Design, and Commercialization offers an overview of the dynamics of development and commercialization in nanotech, where strategic integration of IP, R&D, and commercialization has become imperative. It demystifies issues of intellectual property rights (IPR) associated with research, design, technology transfer, and commercialization of innovations in technology-led areas such as nanotech."

Gives all stakeholders vital information to instill confidence by helping them better understand their individual roles in the IPR process"

Designed for a diverse readership that may not have background knowledge of the legal nuances of IPR, this book clearly articulates techno-legal aspects of nano-related innovations to aid their effective integration into businesses. This resource stands apart by using numerous case studies and pictorial illustrations, addressing aspects ranging from ideation to commercialization of IP-enabled nanotechnology. It illustrates the evolving patent landscape in nanotechnology, explores the international patent classification system, and details patenting procedures in a range of jurisdictions, including search for nanotechnology prior art and creation of search strategies.

The authors discuss patent-led nanotechnology businesses, presenting a wide range of case studies that address construction of valuable patent portfolios, growth of start-ups, and consolidation of IP-led nanobusinesses through mergers, acquisitions, joint ventures, strategic investments, etc. They also cover patent litigations in nanotechnologies and the significance of strategically crafting agreements related to IP transactions. In addition, they address compliance with contractual obligations, the importance of well-drafted patent specifications, and sensitive aspects of conducting techno-legal due diligence prior to the development and marketing of products. Also covered are vulnerabilities in challenging/defending the validity of patents and negotiating settlements.

Integrating use of the IPRinternalise(r) model for capacity building in human and infrastructural resources, the authors assess the future of IP landscaping in nanotechnology. Here, they focus on patentability, public perception of risks to health and ecosystems, institutionalized management of intellectual property rights, and the steps that will be necessary to meet these and other such challenges on the way to realizing profits in nanotech.

The computer program exclusion from Article 52 of the European Patent Convention (EPC) proved impossible to uphold as industry moved over to digital technology, and the Boards of Appeal of the European Patent Organisation (EPO) felt emboldened to circumvent the EPC in Vicom by creating the legal fiction of 'technical effect'. This 'engineer's solution' emphasised that protection should be available for a device, a situation which has led to software and business methods being protected throughout Europe when the form of application, rather than the substance, is acceptable. Since the Article 52 exclusion has effectively vanished, this text examines what makes examination of software invention difficult and what leads to such energetic opposition to protecting inventive activity in the software field. Leith advocates a more programming-centric approach, which recognises that software examination requires different strategies from that of other technical fields.

Even as globalization seems to be in retreat in political circles, the march of commercialization and markets continues. Government policies, whether tariffs, exits, or walls, cannot impede the competitive drive to meet consumer demand for products and services, whether within national boundaries or across them. In the sphere of intellectual property rights, the doctrine of exhaustion serves to limit the rights of intellectual property owners after a specific exercise of some or all of the rights. This volume provides an assessment of the successes and failures of the exhaustion doctrine as it has been applied through recent judicial decisions in the United States and the European Union. Irene Calboli and Shubha Ghosh explore how evolving interpretations of the exhaustion doctrine affects the large trade in gray market products and other international trade issues. A comparative approach to exhaustion, Exhausting Intellectual Property Rights offers a unique discussion of the often overlooked issue of overlapping rights.

This book covers the areas of intellectual property law that are most relevant to both product and technological innovation. It surveys intellectual property law relevant to protecting or monopolising the novel visual appearance, as well as the novel functions and substantive characteristics of products. Intellectual Property Law and Innovation deals with copyright laws as relevant to computers, the visual design of products, registered design laws, patent laws and the law relating to computer chip layout. It also examines aspects of passing off and trademark laws relevant to product appearance. The role of these different areas of law is examined from the perspective of innovation theory, as well as from the perspective of innovation strategy and public policy. This book takes a comparative approach, but focuses principally on the law in English speaking jurisdictions, especially Australia.

Technological developments have shaped copyright law's development, and now the prospect of endless, effortless digital copying poses a significant challenge to modern copyright law. Many complain that copyright protection has burgeoned wildly, far beyond its original boundaries. Some have questioned whether copyright can survive the digital age. From a historical perspective, however, many of these 'new' challenges are simply fresh presentations of familiar dilemmas. This book explores the history of international copyright law, and looks at how this history is relevant today. It focuses on international copyright during the nineteenth century, as it affected Europe, the British colonies (particularly Canada), America, and the UK. As we consider the reform of modern copyright law, nineteenth-century experiences offer highly relevant empirical evidence. Copyright law has proved itself robust and flexible over several centuries. If directed with vision, Seville argues, it can negotiate cyberspace.

Given the increasing role of intellectual property (IP) in academic research, it is important for academic scientists to gain greater awareness and knowledge of the various issues involved with IP resulting from their research and inventions. In addition, the line between academic and industrial research has been blurred, and a large amount of crossover exists due to corporate funding of academic research and collaborations between company and university laboratories. These and other factors have complicated the push toward technology transfer in universities. As commercialization has become inseparable from university research, there is now an essential need for academics to have a greater understanding of the processes involved. Intellectual Property in Academia: A Practical Guide for Scientists and Engineers fills this need, providing an indispensable source of information for researchers in academia.

You've Just Invented a Gadget - What Now?

Written by a select team of IP professionals, most of whom also have years of experience as scientists, this volume addresses IP issues relevant to the academic community-including ways to efficiently deal with the structural constraints inherent in the university environment. Scientists and engineers will benefit from the authors' insights and their advice on how to establish good communication with university Offices of Technology Transfer. This perspective affords a common language and facilitates a smoother path through IP procedures. The book covers the best approaches to determine invention novelty by prior art searching and gives step-by-step guidance in using the best modern electronic patent databases. It presents a unique practical approach for assessing the monetary value of ideas and provides software for invention valuation, which can be used even during the early stages of an invention's development. The book also discusses invention ownership, which is a crucial issue for scientists employed by universities.

Get Answers to Your Questions about the Steps in Invention Commercialization

Taking a more comprehensive approach than a basic how-to book on patent law, this reference answers inventors' frequently asked questions about employment legislation as well as business and market estimation, invention priority registration, and other necessary steps for the successful commercialization of university inventions. It presents encouraging examples of academic patent successes, describing both the right moves and common mistakes made by scientists. It also provides practical advice on patent writing, filing, and prosecution, useful for both academic and industrial researchers. Other key topics addressed by the text include using copyrighted material, protecting material with copyrights, crucial IP legislation, business models, and new trends and changes in the U.S. patent office. In short, readers will find that this book provides a pathway for easing their journey through the IP process.

Engineers encounter different types of contracts at nearly every turn in their careers. Contracts for Engineers: Intellectual Property, Standards, and Ethics is a tool to enhance their ability to communicate contractual issues to lawyers-and then better understand the legal advice they receive.

Building on its exploration of contracts, this book expands discussion to:

• Patents, copyrights, trademarks, trade secrets, and other intellectual property issues
• Development of standards and the bodies that govern them, as well as conformity assessment and accreditation
• Ethics at both the micro and macro levels-a concept under major scrutiny after several major disasters, including the Gulf of Mexico oil spill, the collapse of Boston's Big Dig, and a coal-mining accident that resulted in many deaths
  

With a brief introduction to common law contracts and their underlying principles, including basic examples, the book presents a sample of the Uniform Commercial Code (UCC) regarding the sale of goods. It evaluates elements of the different contracts that engineers commonly encounter, such as employee and associated consulting agreements and contracts involved in construction and government.

Approaching intellectual property from a contract perspective, this reference focuses on the many different types of patents and their role in commerce. It touches on the application of trademarks and recent developments in the use of copyright as a form of contract and explains the process of obtaining patents, including the rationale for investing in them. Ethical standards receive special attention, which includes a review of several prominent professional codes of ethics and conduct for both organizations and individual engineers, particularly officers and higher-level managers.

This important new book constitutes a serious examination of both the positive potential, as well as the deficiencies, of the TRIPS agreement. In the light of their analysis, the editors and their colleagues make a powerful case for wide ranging reforms.Intellectual Property (IP) law ? particularly in relation to international trade regimes ? is increasingly finding itself challenged by rapid developments in the technological and global economic landscapes. In its attempt to maintain a responsive legislative system that is interacting successfully with global trade rules, IP is having to respond to an increasing number of actors on an international level. This book examines the problems associated with this undertaking as well as suggesting possible revisions to the TRIPS agreement that would make it more relevant to the environment in which today?s IP mechanisms are operating. The overall aim is to find an adequate response to the ?IP balance dilemma?. The theme is pursued throughout various topics, including a look at what this means in relation to the economy in a country like China, and also considering how IP is increasingly having to reconcile itself with human rights issues.This book will appeal to academics, policy makers and post-graduate students in IP and international trade law, as well as related fields, such as development and human rights.

An examination of how the patent system works, imperfections and all, to incentivize innovation Do patents facilitate or frustrate innovation? Lawyers, economists, and politicians who have staked out strong positions in this debate often attempt to validate their claims by invoking the historical record-but they frequently get the history wrong. The Battle over Patents gets it right. Bringing together thoroughly researched essays from prominent historians and social scientists, this volume traces the long and contentious history of patents and examines how they have worked in practice. Editors Stephen H. Haber and Naomi R. Lamoreaux show that patent systems are the result of contending interests at different points in production chains battling over economic surplus. The larger the potential surplus, the more extreme are the efforts of contending parties-now and in the past-to search out, generate, and exploit any and all sources of friction. Patent systems, as human creations, are therefore necessarily ridden with imperfections. This volume explores these shortcomings and explains why, despite all the debate, historically US-style patent systems still dominate all other methods of encouraging inventive activity.

Useful tips and step-by-step guidance from filing to issue to license

Acquire and protect your share of this major business asset

Want to secure and exploit the intellectual property rights due you or your company? This easy-to-follow guide shows you how -- helping you to evaluate your idea's commercial potential, conduct patent and trademark searches, document the invention process, license your IP rights, and comply with international laws. Plus, you get detailed examples of each patent application type!

Discover how to: Avoid application blundersRegister trademarks and copyrightsMeet patent requirementsNavigate complex legal issuesProtect your rights abroad

The entire body of U.S. patent laws

Example office actions and amendments

Sample forms

Trademark registration certificates

Application worksheets

See the CD appendix for details and complete system requirements.

Note: CD-ROM/DVD and other supplementary materials are not included as part of eBook file.

Intellectual Property in Global Governance critically examines the evolution of international intellectual property law-making from the build up to the TRIPS Agreement, through the TRIPS and post-TRIPS era. The book focuses on a number of thematic intellectual property issue linkages, exploring the formal and informal institutional interactions and multi-stakeholder holder intrigues implicated in the global governance of intellectual property. Using examples from bio-technology, bio-diversity, bio-prospecting and bio-piracy it investigates the shift or concentration in the focus of innovation from physical to life sciences and the ensuing changes in international intellectual property law making and their implications for intellectual property jurisprudence. It examines the character of the reception, resistance and various nuanced reactions to the changes brought about by the TRIPS Agreement, exploring the various institutional sites and patterns of such responses, as well as the escalation in the issue-linkages associated with the concept and impact of intellectual property law.

Drawing upon multiple methodological approaches including law and legal theory; regime theory, globalization and global governance Chidi Oguamanam explores the intellectual property dynamics in the "Global Knowledge Economy" focusing on digitization and information revolution phenomenon and the concept of a post-industrial society. The book articulates an agenda for global governance of intellectual property law in the 21st century and speculates on the future of intellectual property in North-South relations.

Franklin, an attorney in private practice, sorts out trademark law in a simple and descriptive manner and explains rules and concepts using brief case studies of court rulings that demonstrate the consequences of brand misuse. The book will be valuable to readers with a vested interest in protecting

Intellectual Property Law is the definitive textbook on the subject. The authors' all-embracing approach not only clearly sets out the law in relation to copyright, patents, trade marks, passing off, and confidentiality, but also takes account of a wide range of academic opinion enabling readers to explore and make informed judgements about key principles. The particularly clear and lively writing style ensures that even the most complex areas are lucid and comprehensible. Digital formats and resources The sixth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks

The patent has emerged as a dominant force in 21st century economic policy. This book examines the impact of the BRICS and other emerging economies on the global patent framework and charts the phenomenal rise in the number of patents in some of these countries.Guided by three of the world's leading thinkers on patent law and development, a group of experts from around the world, including the BRICS and key developed country patent powers, examine critical issues raised by patent globalization. Is increasing use of the patent system in China, India, Brazil and other emerging markets part of a deeper change in world technological leadership? Do the established patent powers of Europe, Japan and the USA continue to lead regulatory development of patent systems or are new models being formed in emerging markets? What are the effects of patent globalization on regions like the Middle East, Africa and lower income areas of Asia? Through the answers to these questions, the reader is furnished with a rounded understanding of 21st century patent globalization and emerging market dynamics. This book will appeal to patent law specialists, as well as scholars interested in the intersection between patents, innovation and economic development. In particular, the in-depth analysis would also be useful for policy analysts within government or research institutes working on patent policy issues. Contributors include: F.M. Abbott, D. Borges Barbosa, C.M. Correa, P. Drahos, M. El Said, C. Fink, P. Gehl Sampath, K. Karachalios, R. Kher, J. Kuanpoth, A. Kudlinski, T. Payosova, P. Roffe, S.K. Sell, Y. Tamura, G. Van Overwalle, Y.A. Vawda, H. Zhang, W. Zhuang

This book addresses several aspects of the law and economics of intellectual property rights (IPRs) that have been underanalyzed in the existing literature. It begins with a brief overview of patents, trade secrets, copyrights, and trademarks, and the enforcement and licensing of IPRs, focusing on the remedies available for infringement (injunctions, various forms of damages, and damages calculation issues); the standard of care (strict liability versus an intent- or negligence-based standard); and the rules for determining standing to sue and joinder of defendant for IPR violations. The authors demonstrate that the core assumption of IPR regimes - that IPRs maximize certain social benefits over social costs by providing a necessary inducement for the production and distribution of intellectual products - have several important implications for the optimal design of remedies, the standard of care, and the law of standing and joinder.

This book was first published in 2005. Copyright 'exceptions' or 'users' rights' have become a highly controversial aspect of copyright law. Most recently, Member States of the European Union have been forced to amend their systems of exceptions so as to comply with the Information Society Directive. Taking the newly amended UK legislation as a case study, this book examines why copyright exceptions are necessary and the forces that have shaped the present legislative regime in the UK. It seeks to further our understanding of the exceptions by combining detailed doctrinal analysis with insights gained from a range of other sources. The principal argument of the book is that the UK's current system of 'permitted acts' is much too restrictive and hence is in urgent need of reform, but that paradoxically the Information Society Directive points the way towards a much more satisfactory approach.

As technology makes it easier for people to work together, large-scale collaboration is becoming increasingly prevalent. In this context, the question of how to determine authorship - and hence ownership - of copyright in collaborative works is an important question to which current copyright law fails to provide a coherent or consistent answer. In Copyright and Collective Authorship, Daniela Simone engages with the problem of how to determine the authorship of highly collaborative works. Employing insights from the ways in which collaborators understand and regulate issues of authorship, the book argues that a recalibration of copyright law is necessary, proposing an inclusive and contextual approach to joint authorship that is true to the legal concept of authorship but is also more aligned with creative reality.

Offering proof-of-concept (POC) to inventors is often a difficult task for most Technology Transfer Offices (TTOs). Through an in-depth analysis of 15 years of IP portfolio management by Oxford University Innovation (OUI), this book identifies the salient aspects of the technology transfer evolution and the role that technology transfer managers (TTMs) play in closing the gap between academia and business. Innovation Finance and Technology Transfer: Funding Proof of Concept seeks to prove that a well-managed POC Fund can achieve positive financial results and that the chances for an IP portfolio management to be "in the money" increases if the TTO is attached to an entrepreneurial University. This work illustrates how innovation based on Intellectual Property Rights protected and managed by a highly-skilled group of technology transfer managers succeeds in technology transfer. It offers a vademecum to practitioners to follow a step by step best practice procedure embraced by the Oxford TTO to manage the POC investment process. This book is valuable reading for intellectual property scholars, business school students, social sciences researchers, investment professionals and technology transfer practitioners, as well as those working in innovation think tanks and policy circles.

With the recent global economic crisis, attitudes and practices in relation to intellectual property valuation are changing as exemplified by the dichotomy explained in this book, which makes it unique. While there has been a move towards global harmonisation in terms of valuation of both tangible and intangible assets that are based on innovation, there is also a tendency against global harmonisation because of cultural attitudes and practices of different countries. This can be seen most acutely in relation to intellectual property valuation in Asia, especially East Asia, which often differs from the West's perception of valuation. The book is written by experts in intellectual property, valuation and innovation who are mainly practitioners covering innovators, marketers, accountants, social innovators and business and management academics. The breadth and practitioner background of most of the contributors make the material relevant to those involved in valuation, economics, business, management, accounting and finance, law and maritime insurance. This book takes an interdisciplinary approach that cross-cuts all the above-mentioned disciplines and takes the understanding of intellectual property valuation to a new level.

During the past 25 years, biotechnology has revolutionized agricultural research. The enormous potential, together with a landmark decision by the US Supreme Court to allow the patenting of genetically-engineered organisms has encouraged private sector companies to invest in agricultural biotechnology research programmes. This has contributed to a rapid growth in interest in intellectual property rights as applied to this subject. The first edition of this book was published in 1998. Now fully revised and updated, it presents definitive information on intellectual property law in a simplified form (with a minimum of legal jargon). New chapters have been added which cover plant variety protection and farmers rights, as well as additional case studies.

The majority of countries in the world have already agreed to accept minimum standards of intellectual property protection and enforcement - the key issue now is how much control innovators should have over their creative works or inventions. The contributors to this book analyse and develop this issue, which is of increased importance in the new knowledge-based economy. One view is that broad and powerful rights give the creators the ability to trade information and push the frontiers of knowledge forward faster; the opposing view is that increased power over information will freeze development and chill intellectual interchange.

The threats of economic espionage and intellectual property (IP) theft are global, stealthy, insidious, and increasingly common. According to the U.S. Commerce Department, IP theft is estimated to top $250 billion annually and also costs the United States approximately 750,000 jobs. The International Chamber of Commerce puts the global fiscal loss at more than $600 billion a year.
Secrets Stolen, Fortunes Lost offers both a fascinating journey into the underside of the Information Age, geopolitics, and global economy, shedding new light on corporate hacking, industrial espionage, counterfeiting and piracy, organized crime and related problems, and a comprehensive guide to developing a world-class defense against these threats. You will learn what you need to know about this dynamic global phenomenon (how it happens, what it costs, how to build an effective program to mitigate risk and how corporate culture determines your success), as well as how to deliver the message to the boardroom and the workforce as a whole. This book serves as an invaluable reservoir of ideas and energy to draw on as you develop a winning security strategy to overcome this formidable challenge.
-It's Not "Someone Else's" Problem: Your Enterprise is at Risk
Identify the dangers associated with intellectual property theft and economic espionage
-The Threat Comes from Many Sources
Describes the types of attackers, threat vectors, and modes of attack
-The Threat is Real
Explore case studies of real-world incidents in stark relief
-How to Defend Your Enterprise
Identify all aspects of a comprehensive program to tackle such threats and risks
-How to Deliver the Message: Awareness andEducation
Adaptable content (awareness and education materials, policy language, briefing material, presentations, and assessment tools) that you can incorporate into your security program now

Commercial exploitation of attributes of an individual's personality (name, voice and likeness) is characteristic of modern advertising and marketing. This volume provides a framework for analyzing the disparate aspects of the commercial appropriation of personality and traces its discrete patterns in the major common law systems. It considers whether a coherent justification for a remedy may be identified from a range of competing theories.