This fully revised and updated edition of Intellectual Property Rights for Engineers addresses recent developments in the area. The book explains the general principles behind the law protecting innovation, quoting cases from the engineering domain in order to clarify legal issues. Chapters outline the basic rights through automatic protection (copyright, design right) and registration systems (patent, registered design, trade mark), and also discusses the issues surrounding confidential information. The book clarifies precisely who owns the rights and how their use is constrained by EC law, and goes on to explain how to license or even litigate when necessary. Finally, strategic aspects for decision-making and management are discussed.

This book constitutes a fascinating and in-depth analysis of the significance of the requirement of industrial application within gene patenting and how this influences innovation in Europe and the US. The author addresses an area normally overlooked in biotechnology patenting due to the predominance of the ethical debate and, in doing so, produces a unique approach to dealing with concerns in this field. Patenting Genes: The Requirement of Industrial Application is the result of extensive research into the legal history of the industrial application requirement as well as exploration of the broad range of decisions on DNA patentability. This requirement has taken a prominent role within DNA patenting decisions in Europe since the 1998 Biotech Directive, which Dr Diaz Pozo argues has worked efficiently to control claims to human gene sequences and encouraged progress in genetic research. A broad selection of decisions on the patentability of DNA in both European Union and US courts is discussed, emphasizing the mirroring of the European approach in US cases. Academics and students of patent law and biotechnology innovation, as well as policy formulators, will find this book of great interest and value. Activists and practitioners interested in the patentability of human gene inventions in Europe and the US will also benefit from this original work.

Rather suddenly (since 1990 or so), intellectual property rights have asserted their legal presence in countries throughout Asia. However - even though the TRIPs agreement has in many cases been the catalyst - their legal framework has come with complex, inescapable influences from Asian history, including religious factors, traditional bureaucracies, and the heritage of colonialism and communism. More often than not, it is these distinct cultural aspects that continue to raise difficulties for business people and their counsel as they seek to protect their intellectual property rights in these vibrant growing markets. This text is a country-by-country survey of the essentials of intellectual property law in the developed and developing nations of eastern and southern Asia. Separate chapters, each written by an authority or authorities in the law of the country he or she covers, clearly explain the intellectual property law regimes in China, Taiwan, Hong Kong, Macao, Japan, Korea, Vietnam, Singapore, Malaysia, Thailand, The Philippines, Indonesia, and India.

The regulation and flow of information continues to have a critical impact upon how people live their lives and the way society functions. In recent times, disinformation and privacy violation have become the 'information pollution' of the 21st century. This book explores ways and means of protecting the 'information environment' by drawing upon four theories of contemporary environmentalism: welfare economics, the commons, ecology, and public choice theory. Welfare economics highlights the need to focus on costs (as well as benefits) when evaluating regulatory structures. The commons encourages queries about the validity of propertisation. Ecology speaks to the importance of diversity and resilience. And public choice theory hazards against the regulatory effect of concentrated interests. The lessons from each inspire the proposed information environmental governance framework. By neatly capturing the metaphorical relationship between the physical environment and the information environment, Robert Cunningham explores progressive regulatory pathways for the digital age. This book will be a thought-provoking read for scholars and students with an interest in intellectual property or the regulation of information.

In today's globalized economy, many inventors, investors and businesses want their inventions to be protected in many, if not most, countries. However, there currently exists no single patent that will protect an invention globally, and despite the attempts in international treaties to simplify patenting, the process remains complicated, lengthy, and expensive. Furthermore, the necessity of enforcing patents in multiple countries exists without any possibility of concentrating in one location any parallel proceedings that concern the same invention and the same parties, thus making the maintenance of parallel patents infeasible.
Global Patents: Limits of Transnational Enforcement, by Marketa Trimble, explains why the absence of a "global patent" persists, and discusses the events in the 140-year history of patent law internationalization that have shaped the solutions. The author analyzes the ways in which patent holders attempt to mitigate the problems that arise from the lack of global patent protection. One way is to concentrate enforcement in one court of patents granted in multiple countries, which makes the enforcement of the patents less costly and more consistent. Another way is to attempt to use the litigation of a single country patent to reach acts that occur outside the country, which can mitigate the lack of patent protection outside the country. However, both the concentration of proceedings and extraterritorial enforcement suffer from significant limitations. Global Patents explains these limitations and presents the solutions that have been proposed to address them. The book includes a thorough comparative analysis of the extraterritorial features of U.S. and German patent laws, and original statistics on U.S. patent litigation. Based on a comprehensive treatment of the various facets of transnational enforcement challenges, the author proposes the next stage of patent law internationalization.

There has been an explosion of interest in recent years regarding the origin and of intellectual property law. The study of copyright history, in particular, has grown remarkably in the last twenty years, with a flurry of activity in the last ten. This Handbook takes stock of the field of copyright history as it stands today, as well as examining potential developments in the future. The contributions feature copyright and history experts from across the UK, Australia, the United States, France, Spain and Italy. Covering European, US and international copyright history and traversing from the 16th Century to the early 20th century, this book offers a broad survey of the field and a solid foundation for future research. Students and scholars of copyright law, authorship, art, and the book and music trades will find this book to be an invaluable resource. It will also be of use to practising lawyers and judges with an interest in the doctrinal history of copyright law. Contributors: I. Alexander, J. Bellido, C. Bond, K. Bowrey, O. Bracha, E. Cooper, I. Gadd, J.C. Ginsburg, H.T. Gomez-Arostegui, B. Lauriat, N.A. Mace, H. MacQueen, A.J. Mann, S. Ricketson, F. Rideau, C. Seville, M. Woodmansee

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.

This work examines the requirements for patentability in the context of biotechnology, with a special focus on the non-obviousness requirement. It analyzes non-obviousness as applied to biotechnology molecular products via a review of the relevant case law. The work begins with a typology of recombinant inventions, useful in determining ultimate non-obviousness and patentability. It distinguishes three categories of recombinant products: (1) "Translation" inventions, obtained by entering a known molecular information into a known process, (2) "Molecular modification" products, obtained by modifying prior art molecules, and (3) "Combination" inventions, obtained by combining several known functional molecular units. Recognizing the risk that many translation inventions will be considered obvious upon maturation of the underlying technology, the author examines possible alternatives for protection. The author critiques and ultimately rejects the idea of lowering the non-obviousness standard, elected by the Federal Circuit in In re Deuel. The work describes several current examples of sui generis intellectual property rights and also examines a "no action" scenario, emphasizing that the rapid changes occurring in biotechnology might ultimately make the current problem obsolete. The text also addresses broader issues such as the growing secrecy in basic science and its link to the disappearance of a clear distinction between basic and applied research. Patent law practitioners, inventors and researchers in the biotech world, and their advisors should appreciate this detailed, analysis.

Traditional knowledge is largely oral collective of knowledge, beliefs, and practices of indigenous people on sustainable use and management of resources. The survival of this knowledge is at risk due to various difficulties faced by the holders of this knowledge, the threat to the cultural survival of many communities, and the international lack of respect and appreciation of traditional knowledge. However, the greatest threat is that of appropriation by commercial entities in derogation of the rights of the original holders. Though this practice is morally questionable, in the absence of specific legal provisions, it cannot be regarded as a crime. Intellectual Property Rights and the Protection of Traditional Knowledge is a collection of innovative research on methods for protecting indigenous knowledge including studies on intellectual property rights and sovereignty rights. It also analyzes the contrasting interests of developing and developed countries in the protection of traditional knowledge as an asset. While highlighting topics including biopiracy, dispute resolution, and patent law, this book is ideally designed for legal experts, students, industry professionals, and practitioners seeking current research on the development and enforcement of intellectual property rights in relation to traditional knowledge.

Media and Entertainment Law is a fast growing sector of practice in the EC, and in the UK in particular. The emergence of multi-media law has raised a large number of novel conceptual and practical difficulties for lawyers specialising in the area. The Yearbook is designed to respond to these practical difficulties while also making a serious contribution to media law as an area of serious academic study. It contains high quality analyses of topical issues, as well as thorough surveys of key areas of practice. Up to date and informative, the Yearbook is now well-established as a key source of information and analysis for all media and entertainment law professionals.

The TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights), signed on April 15, 1994, introduced intellectual property protection into the World Trade Organization's multilateral trading system for the first time, and it remains the most comprehensive international agreement on intellectual property to date. A Neofederalist Vision of TRIPS by Graeme B. Dinwoodie and Rochelle C. Dreyfuss examines its interpretation, its impact on the creative environment, and its effect on national and international lawmaking. It propounds a vision of TRIPS as creating a neofederalist regime, one that will ensure the resilience of the international intellectual property system in time of rapid change. In this vision, WTO members retain considerable flexibility to tailor intellectual property law to their national priorities and to experiment with changes necessary to meet new technological and social challenges, but agree to operate within an international framework. This framework, while less powerful than the central administration of a federal government, comprises a series of substantive and procedural commitments that promote the coordination of both the present intellectual property system as well as future international intellectual property lawmaking. Part I demonstrates the centrality of state autonomy throughout the history of international negotiations over intellectual property. Part II, which looks at the present, analyzes the decisions of the WTO in intellectual property cases. It concludes that the WTO has been inattentive to the benefits of promoting cultural diversity, the values inherent in intellectual property, the rich fabric of its law and lore, the necessary balance between producers and users of knowledge goods, and the relationship between the law and the technological environment in which it must operate. Looking to the future, Part III develops a framework for integrating the increasingly fragmented international system and proposes the recognition of an international intellectual property acquis, a set of longstanding principles that have informed, and should continue to inform intellectual property lawmaking. The acquis would include both express and latent components of the international regime, put access-regarding guarantees such as user rights on a par with proprietary interests and enshrine the fundamental importance of national autonomy in the international system.

This book discusses patent legal issues regarding inventions in the field of biotechnology. The scope of a patent is of central concern, and since biotechnology is very different from other technologies, the requirements for disclosure and infringement are in focus. Eligibility issues are touched upon, although from more of an explanatory perspective, since the law is settled in this respect. The material for the analyses includes the European practices under the EPC, those of the United Kingdom, Germany, and the US. The mandated exclusions from patentability under the European patent laws of categories of plant and animal subject matter and certain biological processes are also analysed. Claim interpretation is the common theme. The challenge has been to present a comprehensive basis for grasping the substantive law for the field of biotechnology. The book examines thoroughly the differences between practices, and the consequences of those differences for the possibility of being granted a patent for an invention, and the infringement doctrines' effects for what might be called a patent's 'after-life', i.e. the scope of its protection. As for the exclusions from patentability in Europe, the study reveals an inherent inconsistency in article 53(b) EPC, warranting an adjusted and more patent-legal understanding of the concepts. The principal message emerging in this book is the importance of relying on the policy arguments of uniformity and predictability in order to preserve a fair balance between an inventor and third parties, since in reality much of the controversy in this field turns on proper protection.

Concentrating on international intellectual property law, this volume is a collection of works by current authors in the field. Their work is supplemented by numerous essays and notes prepared by the editors. The controlling provisions of the major treaties in the field are included in a comprehensive appendix. The editors have organized the book according to the theories underlying the protection of international intellectual property rights. For example, they have considered the historical and philosophical foundation of copyright protection in the context of the protection of culture and personality, while issues regarding compulsory licensing to ensure public use of certain forms of intellectual property have been illustrated by examples drawn from patent protection. The problem of "harmonization" is addressed through many diverse examples from intellectual property protection. And the closely-related field of the protection of cultural patrimony is also included.

The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline. This third volume of Kritika again brings together leading scholars from different fields and disciplines. Their essays reflect on some of the big problems in the field, addressing issues such as the way that institutions like WIPO continue with their propertization missions, how the bells of lobbyists toll incessantly for new data rights, and the ways in which discourses of human rights and information justice struggle to turn intellectual property from an instrument of private accumulation into one of service for the common good. Important questions in the field are also tackled, for example, how does the Islamic view of knowledge as life cohere with intellectual property, at a time when, as other essays show, intellectual property grounds new forms of state imperium? With contributions from: Sara Bannerman; Shamnad Basheer; Rahul Bajaj; Mohammed El Said; Blayne Haggart; Thomas Hoeren; P. Bernt Hugenholtz and Fiona Macmillan

This work analyses the scope of copyright protection for computer software in the United Kingdom, and examines challenges for the future. The work presents the case for the adoption and application of infringement methodology, emanating from the courts in the United States, resulting in a narrower scope of protection than is presently argued for by many UK academics, practitioners and judges alike. The work makes a careful evaluation of the efficacy of the various prevailing tests for infringement of copyright in software and their progenies, suggesting an improved formula and advocating the utility, of limiting doctrines to assist in the determination of substantial similarity of particular non-literal software elements, user interfaces and screen display protection. The monograph also contains a detailed study of reverse engineering, copyright defences, permitted acts, database protection and the copyright-contract interface in the context of computer software, not omitting crucial discussions of the internet, digital dissemination and the impact of recent treaty, and legislative initiatives on British copyright law. As such it will be an important resource for practitioners, lecturers and students alike.

When submitting patent applications, patentees are disclosing huge amounts of technical knowledge that can be utilised for development. This book investigates whether it is possible to execute the disclosed technologies just by reading the patent application. Nefissa Chakroun argues that while TRIPS Agreement obliges inventors to disclose full and complete disclosure, patent information users lack the capacity to fully utilise such information for their economic development. Scrutinising the disclosure and the development function of the patent system, the book offers a critical analysis of the disclosure requirements of the patent system and an in-depth examination of ways of accessing and retrieving patent information. Chakroun articulates proposals for strengthening the disclosure and methods for enhancing retrieval and exploitation of the technological knowledge, including an integrated policy on how patent information could be better utilised for development. A plea for patent information as a significant source for development, this book is not only a valuable contribution to the literature but designed for policymakers at international and national levels to address core issues related to the exploitation of patent information for incremental innovation.

This work examines the scope of authors' rights in relation to the exploitation of their works by broadcasting, whether terrestrial or by satellite, cabling or over computer networks, in three important jurisdictions and under relevant international conventions. The analysis traces the gradual expansion of the various exclusive rights granted by copyright law in response to technological developments and puts them in their modern context, focusing on the overarching right of public performance or communication. The author argues that the advent of modern technologies, which recognize no national boundaries, necessitate the adoption of an internationally harmonized concept of "communication to the public" as the primary right applicable to the dissemination of copyright works in non-material form.

As a 'Specialized Agency' of the UN, the World Intellectual Property Organization aims to be the premier global forum for intellectual property services, policy, information and cooperation. Whilst many individuals, firms, institutions and governments know and use WIPO services, the ways in which it functions, how priorities are set and decisions made are less well-understood. Indeed, a diversity of WIPO's stakeholders and member governments express frustration that WIPO's governance is not only complex but at times opaque.This practical guide offers a unique insight into how WIPO is governed, described in clear, readily accessible terms for policymakers, scholars and stakeholders. The guide reviews the origins of WIPO and sets out its current functions and activities, presenting a framework for analysing WIPO's complex governance system. The core of the text will improve the reader's understanding of WIPO in five thematic areas: - Legal foundations, mandate and purpose - Decision-making structures, processes and practices - Financial arrangements (such as income sources and the budget process) - Mechanisms for accountability and control of the Secretariat (such as policies on oversight, audit and evaluation) - Transparency and external relations. The text is accompanied by a number of valuable appendices, including key documents that have, to date, not been readily available to the public. Written by a leading WIPO commentator, The World Intellectual Property Organization (WIPO): A Reference Guide is the first comprehensive reference book to illuminate the nuts and bolts of WIPO governance. It will prove an invaluable and handy resource for those who interact with WIPO on any level, as well as to researchers seeking an introduction to how the organisation works.

The long-awaited European Unitary Patent and Unified Patent Court will soon become a reality. Companies, research institutions, and individuals will be able to obtain not only a patent title with immediate effect in 25 EU Member States, but also a court decision on (for example) infringement or validity of a European or Unitary patent with effect in the participating Member States. Everybody involved in European patenting will find enormously welcome guidance in this extraordinary book. Written by two outstanding intellectual property experts - one being a lawyer who had a hand in the development of the unitary patent and the other being a reputed Belgian intellectual property judge - it describes in detail all the provisions regarding the new patent and the new court, explaining their rationales and the processes that led to them. Although the Rules of Procedure of the Unified Patent Court still need to be finalized and adopted by the Court, the authors already unravel the proposed Draft Rules of Procedure. The book uses flowcharts as well as plain words to represent each procedural stage of the Draft Rules of Procedure. In this way, a practitioner can focus on each distinct stage as required, while also gaining a comprehensive overview of the proceedings. The complex language issues arising throughout the proceedings are analysed in detail in a supplementary part.

Since its passage in 2011, the Leahy-Smith America Invents Act ("AIA") has brought many significant changes to U.S. patent law. Accordingly, to assist readers in developing an in-depth understanding of these changes, the America Invents Act Primer provides discussions of each and every one of the AIA's substantive provisions. More specifically, and whenever possible, each discussion of the AIA's provisions includes the following key features: An identification of the AIA section's effective date, including the statutory basis for such dates; A direct comparison of relevant pre- and post-AIA statutes; An analysis of the similarities and differences between pre- and post-AIA statutes; A discussion of the legislative goals that were addressed by the AIA section; and An analysis of the practical implications of the changes made by the AIA section. The America Invents Act Primer additionally highlights a number of free resources that can be utilized by readers to attain a deeper understanding of the AIA, including resources that explain how the U.S. Patent and Trademark Office is applying the new law. Overall, the America Invents Act Primer provides a unique and practical desk reference on the AIA that is sure to be useful for years to come.