In all major industrialised countries, copyright law has fundamentally changed in the last 15 years due to the digital age, the TRIPS Agreement and the WIPO Copyright Treaties. Japan is no exception, and both legislation and case law have been most active within this period of time. "Copyright Law in Japan" contains up-to date information on such difficult issues as the new distribution right for copyrighted works, frictions between private and public interest, provisions on anti-circumvention devices, contributory infringement in a digital and non-digital environment, calculation of damages in copyright infringement cases, the fundamentals of moral rights protection, and the work quality of video games. The book is written by a number of leading Japanese and Max Planck academics, and Japanese practitioners, and thus combines practical knowledge with academic standards. The book contains the following chapters: Copyright History; General Introduction; Protected Works; Copyright Ownership; Moral Rights; Economic Rights and Limitations; Copyright Contract Law; Neighbouring Rights; and The Enforcement of Copyrights. The book is a must for all copyright owners concerned about their rights in Japan, and for private practitioners counselling their clients on potential strategies of marketing copyright material and enforcing copyrights in the Japanese market.

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.

Despite the harmonizing effect of TRIPS and intellectual property law in general, technology transfer remains firmly rooted in domestic contract law and public policy. However, similarities in legal culture across many national borders keep this problem to a minimum endash until we approach the technologically advanced countries of East Asia. For practitioners worldwide working with technology transfer in this culturally heterogeneous part of the world, Legal Rules of Technology Transfer in Asia is a godsend. For each of nine significant technology market jurisdictions--the PRC, Taiwan, Japan, Korea, Vietnam, Thailand, Malaysia, Singapore and Indonesia--this nuts-and-bolts approach to the applicable national rules provides all necessary legal information and guidance. Country chapters by local authorities are structured to cover the following essential factors: + government policy on technological research and transfer; + intellectual property system; + licensing agreements; + registration and notification; + dispute resolution; + tax considerations; + transfer of patents; + choice of law questions; + franchising; + publicity and merchandising; + anti-trust rules. and many other invaluable details to help lawyers and business persons avoid pitfalls and make the most of the technology transfer opportunities available in these countries. Two introductory chapters provide a much-needed perspective on technology transfer in the context of the world trade regime as it especially affects East Asia, with an emphasis on the trend to clarify and strengthen anti-trust rules. A concluding chapter surveys the market anthropology of the region and offers an expert assessment of the probable future development of technology transfer trade in the region. With its first-hand, in-depth, country-by-country analysis, and its firm grasp on a diversity of relevant legal and cultural issues, Legal Rules of Technology Transfer in Asia is unexcelled for desktop use in offices handling East Asian trade in technology products.

This is a book dedicated to the significance and legacy of landmark cases in the field of intellectual property. Eleven well-known scholars offer in-depth commentary and analysis of cases that have made an impact on legal theory or critical thinking about the scope and purpose of the protection of intellectual and industrial creativity. All the cases covered have proven useful in developing doctrine, even though subsequent developments have made some appear 'misleading' rather than 'leading', and for some recent cases it is too early to say whether their approach will become mainstream. Among the fundamental questions - all profoundly interesting, and to which no definite answers have yet been found - arising in the course of the analysis are the following: * Who should be master over the reputation, esteem and legacy of authors and their works - authors and their heirs, or subsequent copyright owners? * What, if any, protection should be granted to achievements in the absence of confusion? * Should prevention of unfair competition allow one to 'reap what one has not sown'? * Should we protect commercial investment beyond the scope of defined intellectual property rights? * Should it be considered a tort to use a well-known mark in a way that may dilute its repute and distinctive character? * What kinds of monopolies should be protected, if any? * Does the patent system in its current form allow us to question the assumption that technological progress is good per se, and that novel and inventive solutions should thus be protected? * Should extraneous considerations such as public good and social usefulness be considered at the stages of grant and enforcement of patent rights? * Should we grant patents over living organisms whose workings and reproduction are a long way from being completely understood? * Should the rules developed for the enforcement of property rights limit a patentee's remedies to appropriate damages, thereby effectively granting a compulsory licence? The book concludes with an analysis of two case clusters remarkable for the worldwide dimension of the dispute. The authors show how litigation over Lego in about 30 jurisdictions and Budweiser in over 40 jurisdictions has enriched doctrine on such issues as contract, trade marks, trade names, geographical indications, property rights in general, human rights, and various international and bilateral treaties, all as they impinge on the protection of intellectual property rights. For scholars in the field, as well as for lawyers seeking a rich vein of doctrine to buttress a case, this unusual book will be of incomparable value. As a masterful clarification of salient doctrine, it represents a major contribution to the legal theory underpinning intellectual property law.

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.

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.

The involvement of the Institute of European Studies of Macau (IEEM) in matters of intellectual property is based on annual conferences that take up topical issues of intellectual property from a comparative perspective with a particular focus on Asia and Europe. The first of these conferences was held back in 2000, and has meanwhile become an annual event complemented by an Intellectual Property School and IP Master Classes. All three venues serve as a platform for academic teaching and discussion on intellectual property awareness and the proper place and function of intellectual property law in the context of society and public interest.

This is an in-depth treatment in English of Japanese law and practice governing unfair competition. The author analyzes the interaction of the relevant laws - and the case law derived from each - to present a systematic description of how business reputation, trade secrets, well-known marks, and other aspects of business achievement and investment are protected against undue exploitation in Japan. Prohibited acts of unfair competition covered include: misappropriation by confusion or passing-off; misappropriation through breach of trust or fiduciary duty; slavish imitation of distinct product features; trade mark piracy; tortious acts of denigration, libel, and slander; direct interference by, e.g., boycott or bribery; undue exercise of intellectual property rights; and misleading indications on goods and services (e.g., of geographical origin). Several problematic areas - in particular, the obstacles to effective enforcement, and the lack of adequate protection for consumers against acts of unfair competition - are given particular emphasis. The book concludes with cogent proposals on how the Japanese system could be improved and developed, referring to the model provisions of the World Intellectual Property Organization and offering a new and original draft of the Unfair Competition Act. Any business person or investor interested in the Japanese market should benefit enormously from this practical and insightful volume.

The book provides the reader with a complete picture of international and regional developments in the area of biotechnology, plant variety protection and patent protection (these topics feature very prominently in the current discussion on the future direction of the TRIPs Agreement), as well as the scope of the patent right in respect of claims of invention and research and development and places these developments in the context of international trade and enforcement mechanism that members of the WTO are required to incorporate. Part IV gives an outlook on possible future development and mechanisms for the protection of incremential innovation that are feasible for developing countries and small industries. The book therefore covers the edges of the current IP system (with plant varieties and utility models) as well as the more mainstream discussion in the developed nations. All topics are of international relevancy, while they are also of relevance and interest to Asia. The book is part of the Max Planck Series on Asian Intellectual Property Law.

Taiwan has made significant efforts in the last five years to overhaul its IP system according to international standards and since January 2002 has been a member to WTO/TRIPS. After frequent revisions of the IP laws in the 1990s in order to gear up for WTO accession, the legal system has now reached a certain level of consolidation that makes publication both timely and advisable. The more so, as there is no comprehensive book on the Taiwanese IP system published in English. This volume is written by leading Taiwanese academics and practitioners in the IP field and has been edited by the Max Planck Institute. All areas of IP are covered in around 200 pages and the appendix contains the relevant statutory provisions. Importance is attached to the practice of the courts and IP offices and to matters related to enforcement. An introductory chapter puts the IP system in the context of Taiwanese law in general. This book will appeal to practitioners and academics alike. The book is part of the Max Planck Series on Asian Intellectual Property Law.

This book features 15 country reports on the patent enforcement practice of the world's most litigated countries in Europe, Asia and the Americas. Litigation strategies for both right owners and alleged infringers are explained against the background of case law on: types of action, standing to sue, jurisdiction, obtaining evidence, provisional and final measures, trial practice, types of infringement, remedies and counterclaims, costs and issues of retrial, threats and wrongful enforcement. Special chapters cover the Trade-Related Aspects of Intellectual Property Agreement provisions on enforcement, enforcement issues in the European Community, international cross-border litigation and border measures. The reports are written by patent practitioners or academic experts in the field, and the homogenous structure of the country reports allows for an easy identification of best practices and strategic considerations on the choice of jurisdiction.

In the absence of international rules governing parallel imports and exhaustion of intellectual property rights, issues arising in this context are left to the individual countries concerned. Asian countries, although generally more open towards parallel imports than Europe or the U.S., show marked differences both among their individual approaches and among the various intellectual property rights in question. Increasingly, permitting or blocking parallel imports of intellectually protected goods is regarded as a political decision to accommodate foreign pressure, domestic consumers, or right holders. Due to the diversity of legal regimes in the jurisdictions covered, reliable information on the regimes of parallel imports in Asia has been hard to come by. Now, Parallel Imports in Asia brings together the insight and experience of fourteen academics and practitioners in this specialized but highly significant field, each highly respected in his or her particular country. Two concise introductory chapters clearly present the economic and legal foundations of the subject matter. Then, thirteen chapters offer indepth analysis of exhaustion of intellectual property rights and parallel imports for each of twelve Asian jurisdictions-China, Taiwan, Japan, Korea, Vietnam, Thailand, Indonesia, The Philippines, Malaysia, Singapore, Hong Kong, and India-plus the Australasian bloc. With this book, businesses in all of these countries-and in particular India and the Australasian countries-can assess the strength of their IP rights against parallel importation in other parts of Asia. All country reports are written in a uniform structure and take into account legal, political and economicconsiderations with respect to the parallel importation of patented, trademarked and copyrighted goods. A useful appendix provides a synoptically overview on the rules of parallel importation in Asia. While academics will find here a thought-provoking survey of an important but relatively unstudied area of intellectual property law, Parallel Imports in Asia will prove to be of greatest value to potential investors in Asia, particularly with regard to market separation and licensing agreements. It will also help practicing lawyers for globally operating companies to appropriately counsel their clients in this area of business decision making.

Trade mark law has become an increasingly important field of law in the context of a rapidly globalizing economy. The promotion and protection of marks is widely viewed as the most important tool for a successful expansion of business, particularly in areas of economic transformation such as the Asia-Pacific region. This collection of essays examines the legal protection of well-known marks both under trade mark and unfair competition law in 10 different jurisdictions of the Asia-Pacific region, analyzing the still widespread piracy of well-known marks in the context of the underlying legal and cultural concepts. It explores the significance of trade marks in an information society, highlighting the tensions between those seeking to protect their well-established brands globally in an age of electronic commerce, and those concerned to prevent large firms from being granted indiscriminate control over certain marks without having made the corresponding marketing efforts. It examines the opportunities and problems arising from the advent of the new digital technology, and looks at some of the issues the technology gives rise to, such as the protection of domain names. The papers collected in this volume are the revised and updated proceedings of a conference on Trade Marks, Domain Names and Unfair Competition in the Information Age, held in Taipei in January 1999, as the result of the co-operation by the Sun Yat-Sen Institute for Social Sciences and Philosophy, Academia Sinica, Taipei, and the Max Planck Institute, Munich.

First published in 2005, A Theory of Secession: The Case for Political Self-Determination offers an unapologetic defense of the right to secede. Christopher Heath Wellman argues that any group has a moral right to secede as long as its political divorce will leave it and the remainder state in a position to perform the requisite political functions. He explains that there is nothing contradictory about valuing legitimate states, while permitting their division. Once political states are recognized as valuable because of the functions that they are uniquely suited to perform, it becomes apparent that the territorial boundaries of existing states might permissably be redrawn as long as neither the process, nor the result of this reconfiguration, interrupts the production of the crucial political benefits. Thus, if one values self-determination, then one has good reason to conclude that people have a right to determine their political boundaries.

A Liberal Theory of International Justice advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self-governance. The individual and her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a moral right to self-determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, A Liberal Theory of International Justice addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would-be immigrants.

The twin questions at the heart of political philosophy are "Why may the state forcibly impose itself on its constituents? " and "Why must citizens obey the state's commands? " In Liberal Rights and Responsibilities, Christopher Heath Wellman offers original responses to these fundamental questions and then, building upon these answers, defends a number of distinctive positions concerning the rights and responsibilities individual citizens, separatist groups, and political states have regarding one another. The first four chapters combine to critically discuss standard theories of political obligation and then to introduce Wellman's samaritan explanation of our duty to obey the law. The next three papers challenge the traditional approaches to group autonomy en route to advancing Wellman's functional account of political self-determination. Next Wellman reviews group responsibility and argues that, in addition to discharging our individual moral duties, each of us must do our share to ensure that the groups to which we belong do not perpetrate injustice. In the ninth chapter, Wellman invokes freedom of association to provide a defense of a legitimate state's right to unilaterally design and enforce an exclusionary immigration policy. The last two essays are on punishment; the first defends the rights forfeiture justification of punishment, and the second combines this rights forfeiture theory with the samaritan account of political legitimacy to explain why legitimate states may permissibly assume exclusive control over the enforcement of criminal law. Taken as a group, these eleven essays - one new and ten previously published - aim to vindicate a liberal political philosopher's capacity to begin with relatively modest moral principles and still arrive at robust conclusions in favor of the moral standing of legitimate states.