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Introduction Intellectual property rights foster innovation. But
if, as it surely does, "intellectual property" means not just
intellectual property rules-the law of patents, copyrights,
trademarks, designs, trade secrets, and unfair competition-but also
intellectual property institutions-the courts, police, regulatory
agencies, and collecting soc- ties that administer these rules-what
are the respective roles of intellectual property rules and
institutions in fostering creativity? And, to what extent do forces
outside intellectual property rules and institutions-economics,
culture, politics, history-also contribute to innovation? Is it
possible that these other factors so overwhelm the impact of
intellectual property regimes that it is futile to expect
adjustments in intellectual property rules and institutions to
alter patterns of inno- tion and, ultimately, economic development?
It was to address these questions in the most dynamic region of the
world today, Asia, that we invited leading country experts to
contribute studies that not only summarize the current condition of
intellectual property regimes in countries ranging in economic size
from Cambodia to Japan, and in population from Laos to China, but
that also describe the historical sources of these laws and
institutions; the realities of intellectual property enforcement in
the marketplace; and the political, economic, educational, and
scientific infrastructures that sustain and direct inve- ment in
innovative activity. A.
Introduction Intellectual property rights foster innovation. But
if, as it surely does, "intellectual property" means not just
intellectual property rules-the law of patents, copyrights,
trademarks, designs, trade secrets, and unfair competition-but also
intellectual property institutions-the courts, police, regulatory
agencies, and collecting soc- ties that administer these rules-what
are the respective roles of intellectual property rules and
institutions in fostering creativity? And, to what extent do forces
outside intellectual property rules and institutions-economics,
culture, politics, history-also contribute to innovation? Is it
possible that these other factors so overwhelm the impact of
intellectual property regimes that it is futile to expect
adjustments in intellectual property rules and institutions to
alter patterns of inno- tion and, ultimately, economic development?
It was to address these questions in the most dynamic region of the
world today, Asia, that we invited leading country experts to
contribute studies that not only summarize the current condition of
intellectual property regimes in countries ranging in economic size
from Cambodia to Japan, and in population from Laos to China, but
that also describe the historical sources of these laws and
institutions; the realities of intellectual property enforcement in
the marketplace; and the political, economic, educational, and
scientific infrastructures that sustain and direct inve- ment in
innovative activity. A.
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.
In Copyright's Highway, one of the nation's leading authorities on
intellectual property law offers an engaging, readable, and
intelligent analysis of the effect of copyright on American
politics, economy, and culture. From eighteenth-century copyright
law, to the "celestial jukebox," to the future of copyright issues
in the digital age, Paul Goldstein presents a thorough examination
of the challenges facing copyright owners and users. In this fully
updated second edition, the author expands the discussion to cover
the latest developments and shifts in copyright law for a new
audience of scholars and students. This expanded edition introduces
readers to present and future debates regarding copyright law and
policy, including a new chapter on the technological shift in
emphasis from producer to consumer and the legal shift from
exclusive rights to exceptions and limitations to those rights.
From Gutenberg to Google Books, Copyright's Highway, Second
Edition, offers a concise, essential resource for the internet
generation.
In Copyright's Highway, one of the nation's leading authorities on
intellectual property law offers an engaging, readable, and
intelligent analysis of the effect of copyright on American
politics, economy, and culture. From eighteenth-century copyright
law, to the "celestial jukebox," to the future of copyright issues
in the digital age, Paul Goldstein presents a thorough examination
of the challenges facing copyright owners and users. In this fully
updated second edition, the author expands the discussion to cover
the latest developments and shifts in copyright law for a new
audience of scholars and students. This expanded edition introduces
readers to present and future debates regarding copyright law and
policy, including a new chapter on the technological shift in
emphasis from producer to consumer and the legal shift from
exclusive rights to exceptions and limitations to those rights.
From Gutenberg to Google Books, Copyright's Highway, Second
Edition, offers a concise, essential resource for the internet
generation.
A gripping inside look at high-stakes lawyering, A Patent Lie is
further evidence that Paul Goldstein is an emerging master of the
legal thriller.
After being forced from his high-powered Manhattan law firm,
Michael Seeley--the tough-but-wounded hero of "Errors and
Omissions"--has set up shop in his native Buffalo. Partly out of
need, partly out of pride, Seeley takes on a case for his estranged
brother, whose small biotech firm is suing a Swiss pharmaceutical
giant over a controversial new AIDS vaccine. Seeley heads out to
Silicon Valley to lead the case, but soon realizes there is much
more at stake than he was first led to believe. As certain
partnerships come to light, and financial gains become staggeringly
clear, Seeley's own life may be in grave danger.
This statute and problem supplement contains all of the key
provisions to real estate transactions in a form convenient for
student use.
Receive complimentary lifetime digital access to the eBook with new
print purchase. This compact volume contains all of the key patent,
copyright, trademark, and unfair competition statutes and related
international agreements in a form convenient for student use. This
edition includes recent major amendments to the Copyright Act and
the Lanham Act, including the Copyright Alternative in Small-Claims
Enforcement (CASE Act) of 2020, which set out procedures for the
newly created Copyright Claims Board to resolve copyright claims
voluntarily brought before it, and the Trademark Modernization Act
of 2020, which among other changes created procedures for ex parte
expungement and ex parte reexamination of trademark registrations.
Other recent changes incorporated in this edition are the Music
Modernization Act of 2018, the federal Defend Trade Secrets Act of
2016, the Patent Law Treaties Implementation Act of 2012, and the
Leahy-Smith America Invents Act (AIA), which substantially rewrote
the U.S. Patent Act. (The amended patent statute appears as the
main text, but the volume also continues to include the most
important superseded provisions of the prior patent law.) In
addition to the full text of the federal Patent, Copyright, and
Trademark statutes, it includes the principal intellectual property
treaties and agreements, as well as the Restatement (Third) of
Unfair Competition and the Uniform Trade Secrets Act.
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.
International Copyright surveys and analyzes the legal doctrines
affecting copyright practice around the world, in both
transactional and litigation settings. It provides a step-by-step
methodology for advising clients involved in exploiting creative
works in or from foreign countries. Written by two of the most
esteemed experts of copyright law in the United States and Europe,
this volume is a unique synthesis of copyright law and practice,
taking into account the Berne Convention, the TRIPs Agreement, the
ongoing harmonization of copyright in the European Union, and the
impact of the Internet. National copyright rules on protectible
subject matter, ownership, term, and rights are covered in detail
and compared from country to country, as are topics on moral rights
and neighboring rights. Separate sections cover such important
topics as territoriality, national treatment and choice of law, as
well as the treaty and trade arrangements that underlie substantive
copyright norms.
CasebookPlus Hardbound - New, hardbound print book includes
lifetime digital access to an eBook, with the ability to highlight
and take notes, and 12-month access to a digital Learning Library
that includes self-assessment quizzes tied to this book, leading
study aids, an outline starter, and Gilbert Law Dictionary.
This statute and problem supplement contains all of the key
provisions to real estate transactions in a form convenient for
student use.
One of the common themes in recent public debate has been the law's
inability to accommodate the new ways of creating, distributing and
replicating intellectual products. In this book the authors argue
that in order to understand many of the problems currently
confronting the law, it is necessary to understand its past. This
is its first detailed historical account. In this book the authors
explore two related themes. First, they explain why intellectual
property law came to take its now familiar shape with
sub-categories of patents, copyright, designs and trade marks.
Secondly, the authors set out to explain how it is that the law
grants property status to intangibles. In doing so they explore the
rise and fall of creativity as an organising concept in
intellectual property law, the mimetic nature of intellectual
property law and the important role that the registration process
plays in shaping intangible property.
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