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This casebook organizes contemporary foreign, as well as U.S., case
law and literature to equip law students with the knowledge they
need to practice intellectual property law in both transactional
and litigation settings in the current globalized environment.
Carefully selected materials also expose students to the social,
economic, and cultural considerations that underpin intellectual
property law around the world. The casebook covers aspects of
public international law, conflict of laws (private international
law), and comparative law of intellectual property. Each area of
law copyright, patent, trademark, unfair competition, trade
secrets, and industrial design is introduced by a comprehensive
authors' note placing the field in its international and
comparative law context, and extensive notes on the cases and
materials fill in relevant details, including current and
historically important topics. Materials on the major fields of
intellectual property law are accompanied by materials on other
related intellectual property matters, such as the protection of
databases, plant varieties, geographical indications of origin, and
Internet domain names.
This is the most up-to-date, complete, yet manageably-sized volume
of international and regional documents and materials for a course
in International Intellectual Property Law. This 2021 International
Legal Materials supplement includes documents relevant to major
international intellectual property law topics and can also be used
for courses in international and comparative copyright law, patent
law, and trademark law.
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.
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