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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.
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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