In this brilliantly conceived and authoritative work, the eminent intellectual property specialist Nuno Pires de Carvalho focuses on the mechanisms, obligations, and opportunities of trade secret protection under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). With the powerful knowledge base derived from his long experience both at the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO), he illuminates the crucial relationship of antitrust and industrial property, clearly demonstrating in contrast to much received wisdom; the intrinsic pro-competitive nature of intellectual property and of industrial property in particular.Using an extraordinary wealth of practical detail, and offering hundreds of pointed hypothetical and actual examples, Pires de Carvalho dispels the murkiness around such essential concepts and provisions as the following: the inevitable interdependence of industrial property and antitrust law; abuses of patent rights and the vexed issue of patents and monopolies; the legal implications of international exhaustion under Article 6; the meaning of balance of rights and obligations under Article 7; divestiture and the fruits doctrine under Article 32; international cooperation in identifying antitrust violations in licensing agreements; protection of confidential information in court proceedings; protection of undisclosed test data against unfair commercial use under Article 39. 3; and the WTO Dispute Settlement Mechanism in the context of undisclosed information.Of special value in this book is the author's far-reaching analysis of the controversial emerging field of test data protection in industrial property. "The TRIPS Regime of Antitrust and Undisclosed Information" provides a practical and insightful explanation of the meaning of the relevant TRIPS provisions, of how they should be reflected in national law and how courts are expected to enforce them. It combines an easy-to-follow article-by-article commentary on the TRIPS Agreement with a theoretical scholarly analysis that makes of it an invaluable resource to all those who wish to understand industrial property rights at a deeper level. Lawyers, judges, scholars and government officials will find an abundance of information and legal analysis here that will help them identify antitrust issues and solutions to problems of trade secrets posed by the implementation of the TRIPS Agreement.

Information technology for intellectual property protection has become an increasingly important issue due to the expansion of ubiquitous network connectivity, which allows people to use digital content and programs that are susceptible to unauthorized electric duplication or copyright and patent infringement. Information Technology for Intellectual Property Protection: Interdisciplinary Advancements contains multidisciplinary knowledge and analysis by leading researchers and practitioners with technical backgrounds in information engineering and institutional experience in intellectual property practice. Through its discussions of both engineering solutions and the social impact of institutional protection, this book fills a gap in the existing literature and provides methods and applications for both practitioners and IT engineers.

This book presents a thorough exploration of the legal framework of EU digital copyright law from the perspective of the end-user. It provides a detailed examination of the implications that the spectacular rise of this new actor creates for the interplay between the EU copyright system and human rights law, competition law and other important policies contained in the EC Treaty. This comprehensive, book is crucial reading for lawyers, policymakers and academics.

An established trademark provides recognition valuable to trade and sales promotion, and acts as an indication of quality. These undeniable functions of the trademark must be coupled with adequate protection to avoid jeopardizing these essential aspects. The need for unification, at least at the European level, can no longer be disregarded. The Community Directive and Regulation are the response to this need. This commentary provides the texts of essential legislation and offers an analysis of the Directive and Regulation, also in their "historical" context, as seen through the eyes of leading European experts in the field. Issues such as grounds for refusal, entitlement, registration procedures, jurisdiction and procedure in legal actions and the impact of the Community Trade Mark on applicants from non-member countries are addressed. This commentary is intended for both practitioners and scholars, as well as marketing managers, for interpreting the Community provisions in this specialized and important area. Moreover, since the Council Directive and the Commission Regulations have been transformed into national laws in many Member States of the EU, this commentary should be of use in the interpretation and analysis of national European trademark laws. This work is neither too scholarly nor too elementary, but couples the strong theoretical background and practical experience of contributors stemming from diverse legal and practical cultures.

The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution - which is subject to major change-inducing pressures, such as the death of the dinosaurs - would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of private law. The contributors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future.

This book explores how the entire toolbox of intellectual property (IP) protection and management are successfully combined and how firms generate value from IP. It provides a framework of archetypes which firms will be able to self-identify with and which will allow companies to focus on the IP and IP Management issues most relevant to them.

The interface between intellectual property and other fields, such as public health and biotechnology, has raised expectations from both developed and developing countries. At the same time, a variety of issues have arisen from these relationships. Debates over public health, protection of traditional knowledge and traditional cultural expressions or expressions of folklore, and the control of biological resources and access to genetic resources pose major challenges to the current global system of intellectual property. This thoughtful book serves not only to contribute to these ongoing debates but also, through in-depth analysis and well-grounded recommendations, to move them closer to resolution in a manner beneficial to all interested parties.Among the matters discussed are the following: intellectual property and public health; intellectual property and traditional knowledge and traditional cultural expressions or expressions of folklore; intellectual property and plant varieties, biodiversity and access to genetic resources; use of marks and other signs on the Internet; and the international framework in respect to geographical indications.Drawing on prodigious familiarity with relevant conventions and international legal instruments in the field and debates on these issues as carried out under international bodies; including the World Trade Organization (WTO), the World Intellectual Property Organization (WIPO), the Food and Agriculture Organization (FAO), the International Union for the Protection of New Varieties of Plants (UPOV) and the World Health Organization(WHO), as well as the Convention on Biological Diversity (CBD) and the African Model Legislation, the author offers clear, well-thought-out proposals on how to respond to these issues. In the same vein, the author makes a number of proposals on how to strike a balance between the exclusive rights of the patentee and the right to public health or access to medicines, especially in the context of the HIV/AIDS crisis.In addition, holding that the owners or possessors of traditional knowledge or traditional cultural expressions or expressions of folklore are entitled to intellectual property rights protection, he advocates the development of a global and binding international protection instrument that takes particular features of these rights into consideration. He proposes the extension of the scope of applicability of the requirement of the disclosure of the country of origin of genetic resources, both at the international and national levels. He also proposes refinements to the system for multilateral notification and registration of geographical indications in respect to wine and spirits and the extension of the higher protection of geographical indications to other products and suggests new ways to approach unsettled issues arising from the use of marks or other signs on the Internet.As a deeply informed analysis of how to integrate intellectual property rights into the international development process, this book takes some giant steps toward the general recognition of the real parameters of the most severe problems plaguing the developing world and offers reachable measures toward significant improvement of those problems. It will be of interest to all professionals, officials, and academics concerned with the equitable administration of intellectual property rights.

This title flows from several panels at the Commission on Legal Pluralism Jubilee Conference, entitled Living Realities of Legal Pluralism, that was organised in conjunction with the Centre for Legal and Applied Research (CLEAR), the Research Chair in Customary Law and the Chair for Comparative Law in Africa, of the University of Cape Town. The panels highlighted controversial aspects of the legal protection of indigenous knowledge with which the contributors to this volume have critically engaged. This engagement is informed by recent legislative and policy developments in several countries in the global South, including South Africa.

Master the complexities of modern intellectual property law with this comprehensive, reader-friendly text! Throughout the book, you'll find sample agreements, forms, checklists of paralegal tasks, statutes, realistic case studies, and excerpts of real cases involving interesting issues (such as the copyright ability of the Batmobile, tattoos) that will help you prepare for a successful career as a paralegal.

What exactly do policymakers and journalists mean when they refer to the "information age"? What bearing do the "problems" they describe and the "solutions" they offer have on current global realities? Specifically, what does the Euro-American concept of intellectual property mean in a global context? Why is the idea of electronic commerce so difficult to "export"? These questions which clearly identify issues of crucial importance for the coming decades of human history are given full weight, stripped of ideology, in this book, based on the papers presented at a seminar sponsored by the Macau Institute of European Studies (IEEM) in June 2000. Although there are no clear answers, the accounts and analyses presented here provide a wealth of detail that comes as close as we can expect at this date to the facts of the case. The focus is on East Asia, Greater China in particular, an area which (most social theorists agree) offers the most revealing social context for the examination of emerging global trends in this field.

Based on papers given at a conference at King's College, London, in 1998, Foundations of Charity brings together established scholars in the fields of charity law, public law, and trusts law, and internationally recognized writers on social policy and legal philosophy, from England and Wales, Scotland, Australia, Canada and the United States. The contributors take an iconoclastic approach to the legal definition of charitable status, and provide an in-depth analysis of key concepts in charity law and administration, such as 'public benefit' and 'political activity'. The combination of their different perspectives on 'charity' produces a varied, stimulating, and challenging collection. It should be useful reading for academics, practising lawyers and voluntary sector managers who are looking for a sustained critique of 'charity'.

The Wills and Inheritance Protocol sets out the Law Society's preferred practice in will drafting, probate and estate administration and supports the provision of consistent and high quality services by legal practices. The Protocol aims to raise standards of client care and service by: improving communication between practices, clients and beneficiaries increasing transparency and therefore understanding of the necessary processes encouraging practices to agree timescales and service levels with clients. Meeting the obligations of the Protocol is the cornerstone of the new Wills and Inheritance Quality Scheme and will also help all legal practices to: demonstrate high standards of practice to clients and others meet legal requirements achieve compliance with outcomes-focused regulation provide a consistent level of service. This book contains the full text of the Protocol version 1.0 and an appendix with relevant statutory extracts and guidance on good practice.

The number of disputes involving trusts has risen significantly in recent years. Many disputes take place in the international environment and cross-border jurisdictional issues may arise. These disputes often involve large sums of money, impacting significantly on family relations. The handling of such disputes requires specialist skills and knowledge, including an understanding of how and why private trusts are established and administered and the problems that can arise; an awareness of the cross-jurisdictional issues that may be relevant; and the ability to identify practical legal solutions to the dispute that are compliant with trust principles. International Trust Disputes provides a comprehensive and thorough treatment of this topic. Acting as a specialist guide for practitioners, it offers a survey of the special considerations that may arise with regard to trust disputes as well as a definitive guide to the issues which may be encountered in the jurisdictions where disputes are most likely to take place.

Although supplying spare and replacement parts and providing repair services form the basis of many legitimate businesses, many manufacturing enterprises seek to augment the competitive advantage realized at the market stage of selling their main products by attempting to monopolize the market for spares, repairs and refills. Increasingly, companies are using intellectual property laws to devise up-front business strategies to gain exclusive rights in the components of their products. This is the first in-depth analysis of the law in this relatively new and rapidly developing area of practice. It sheds clear light on the conflicting interests of manufacturers, consumers, spare parts makers and the general public; explores the extent to which this kind of business strategy can be more or less successful with respect to the different rights involved, and in different jurisdictions; and highlights the competition issues that inevitably arise. The essays included are revised and updated versions of papers presented at the seventh (2006) of the innovative IP conference organized annually by the Macau Institute of European Studies (IEEM) on intellectual property law and the economic challenges for Asia. Among the topics and issues covered are the following: * notions of 'repair' and 'recycle' and their legal effects; * the limits of IP rights in relation to repair and recycle; * legal limits of end user licence agreements (EULAs) and technological protection measures (TPMs); * patent exhaustion on repair and recycling; * alteration of product 'identity'; * the concept of 'indirect' or 'contributory' infringement; * design law strategies; and * secondary market definitions. The authors give detailed attention to cases in various jurisdictions that have guided and continue to guide business strategies in the field. Jurisdictions treated include the EU, the US, the UK, Germany, the Netherlands, China, Hong Kong, Japan, and Korea. In its clarification of the limits and possibilities of business strategies in this area of competition that is just beginning to attract attention, this book will be of great value not only to intellectual property law practitioners but to business people in nearly any field of production, especially where cross-border marketing is involved.

Are intellectual property rights a threat to autonomy, global justice, indigenous rights, access to life-saving knowledge and medicines? The essays in this volume examine the justification of patents, copyrights and trademarks in light of the political and moral controversy over TRIPS (the Agreement on Trade-Related Aspects of Intellectual Property Rights). Written by a distinguished international group of experts, this book draws on the latest philosophical work on autonomy, equality, property ownership and human rights in order to explore the moral, political and economic implications of property rights in ideas. Written with an interdisciplinary audience in mind, these essays introduce readers to the latest debates in the philosophy of intellectual property, whether their interests are in the restrictions that copyright places on the reproduction of music and printed words or in the morality and legality of patenting human genes, essential medicines or traditional knowledge.

This book discusses the strategic and managerial issues surrounding intellectual property (IP) and the international commercialisation of these embedded products in the international market. Four sections cover Fundamentals of IP, Country Factors and Their Impact on IP, International Management of IP and International Strategies of IP. The discussions are supported by relevant case studies and statistical data.

Perhaps no Asian country currently attracts more interest from foreign inventors and investors than China. In many cases, however, this avid interest in foreign investment is not based on a reliable knowledge of China's legal framework and of protection of technology in particular. In a jurisdiction where the laws are complemented and interpreted by numerous guidelines and circulars issued by ministries or courts, such knowledge and awareness is all the more important. "Intellectual Property Law in China" provides a comprehensive coverage of all aspects of intellectual property protection in China, emphasising particularly those issues of most concern to foreign investors: protection of well-known marks, issues of technology transfer, and, most important of all, actual enforcement of IP rights. The book is written by two outstanding experts on IP in China - Peter Ganea, head of the Max Planck Institute's China department, and Thomas Pattloch, now a practicing attorney in Shanghai and previously involved with the EU-China IP programme. The book thus combines practical knowledge with academic standards. The book contains the following chapters: patents and related rights such as utility models and designs; trade marks and related rights, including unfair competition, well-known marks, and domain names; copyright; technology transfer; enforcement; and comments on the draft Anti-Trust Act. "Intellectual Property Law in China" is essential for all companies investing in China or considering such investment, as well as for private practitioners counselling their clients on potential strategies such as registration or technology transfer.

'Intellectual property and private international law' was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington DC (July 2010). This volume contains the General Report and 20 National Reports covering the US, Canada, Japan, Korea, India, and a number of European countries (Austria, France, Germany, UK, Spain, etc). The General Report was prepared on the basis of the National Reports. The national reporters not only describe the existing legal framework, but also provide answers to 12 hypothetical cases concerning international jurisdiction, choice-of-law, and recognition and enforcement of foreign judgments in multi-state intellectual property (IP) disputes. Based on their answers, the main differences between legal systems - as well as the shortcomings of the cross-border enforcement of IP rights - are outlined in the General Report. The Reports in this volume analyze relevant court decisions, as well as recent legislative proposals, such as the ALI, CLIP, Transparency, Waseda, and Korean Principles. The book is therefore a significant contribution to the existing debate in the field, and it will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context. (Series: Studies in Private International Law - Vol. 10)

Personal Property law is probably the most important and yet the most neglected and least understood aspect of English law. Historically, Personal Property law was neglected because it was commonly, but misleadingly, regarded as belonging to a number of entirely separate legal categories. The recent growth of specialist literature in this area is indicative of the increasing awareness of the importance of personal property law by practitioners.

Personal Property: Text and Materials addresses the problem of the near invisibility of personal property law within the law curriculum by producing an integrated casebook that covers both the underlying philosophy and concepts of personal property law and the impact of evolving business practices on the development of the law. The book is inspired by a determination to produce a concept orientated approach to the study of personal property law, avoiding the specific-contract approach to the subject that has hitherto impoverished the study of the concepts and philosophy of personal property law in the United Kingdom.

The book is aimed at undergraduate law students in commercial law courses as well as students in integrated property law courses. By considering all the branches of law that touch commercial transactions such as equity, trusts, property law and restitution, Personal Property: Text and Materials, is also ideal for students studying postgraduate commercial law programs who may or may not have qualifying law degrees.