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The second edition of this popular textbook has been thoroughly
revised, expanded and updated in order to reflect the recent
extensive changes in European IP legislation. Providing an in-depth
examination of the core areas of IP law, from copyright, patents
and trademarks through to the protection of plant varieties and
industrial design, it is perfectly pitched to guide the reader
through the complexities of the European IP system. New to this
edition: Coverage of recent legislative changes since the first
edition, including detail on the proposed new copyright package New
expanded chapters on Plant Variety Rights, Industrial Designs and
Geographical Indications New chapter on IPRs and Unfair
Competition, including Trade Secrets Expanded chapter on patents,
including coverage of the unitary patent and the UPC, by new
co-author and patent expert Stefan Luginbuehl. Key features:
Concise and straightforward style, gives students and
non-specialist practitioners a clear understanding of the
fundamentals of European intellectual property law Highlights
extracts from primary sources including decisions of the CJEU and
other key case law, reports, and white papers Poses questions
designed to provoke critical thinking and reflection around legal
problems Covers related areas adjacent to IP law, in order to help
students understand the context in which IP legislation operates
Gives an overview of community and European IP rights and areas
that have been harmonized at a legislative level Considers
international IP protection and the interrelation between European
and IP law more broadly in order to promote comparative study. With
its detailed and comprehensive overview on the structure and
content of European IP law, this textbook has proved an essential
companion to both basic and advanced courses on European
intellectual property across the globe. Acclaim for the first
edition: 'This clearly-written and comprehensive text, by two
leading scholars of European intellectual property law, is
extremely adaptable. It is a perfect platform for classroom
teaching, and is also a fine resource for those researching in what
is becoming an increasingly complex field.' - Graeme B. Dinwoodie,
Chicago-Kent University, US
Patent Law in Greater China provides some of the most
comprehensive, up-to-date and contextualized analyses of Chinese
patent law. Featuring expert contributors with diverse backgrounds
and deep inside knowledge, this edited volume strikes a good
balance between scholarly analysis and practical tips. The book
should be on the desk of everybody who handles patent-related
matters in Greater China.' - Peter K. Yu, Drake University Law
School, US'Chinese intellectual property law has been one of the
fields in which it has been most difficult to obtain an accurate,
reliable and intelligible perspective. The achievement in putting
together Patent Law in Greater China is therefore all the more
laudable. Chapters from practitioners, administrators, academics
and the business world give this work a degree of relevance and
immediacy and show how the complex and initially puzzling interplay
of law and practice in China and the economies within her orbit can
be depicted and understood.' - Jeremy Phillips, Queen Mary
Intellectual Property Research Institute, UK 'Drs Luginbuhl and
Ganea have put together an impressive and thorough survey of patent
law in the PRC, Hong Kong, Macau and Taiwan. The book covers policy
making aspects, patentability requirements (with specific chapters
on biotechnological, chemical, pharmaceutical and software-related
inventions ), rights and exceptions, employee inventions, rights in
designs and utility models, but also patent prosecution (domestic
and PCT), infringement, and the interface with competition law.
This timely book will be useful for both practitioners and
scholars.' - Daniel Gervais, Vanderbilt University Law School and
Editor in Chief, Journal of World Intellectual Property This book
provides a comprehensive introduction to patent policy, law and
practice in Greater China and will be a go-to book for patent
practitioners who have client interests in that region. Features: -
Introduction to Chinese patent policy. - Detailed coverage of
technology transfer and substantive patent law in China, including
prerequisites for protection, exceptions and limitations. -
Practical analysis of patent law relating to 3 specific fields of
invention: employee inventions, biotechnological and pharmaceutical
inventions, and software inventions. - Overview of the patent
application and examination procedure, with a particular view on
PCT applications. - Insight into specific characteristics of
enforcement mechanisms and jurisprudence in China, including the
dual enforcement system, claim interpretation, infringement types,
and invalidity procedures. - Invaluable section on the relationship
between patent and antitrust law, including practical realities in
the sphere of anticompetitive licensing. - Overviews of the patent
systems of Chinese Taipei, Hong Kong SAR and Macau SAR - Edited by
two leading patent experts, and written by a team of experienced
practitioners from China and from Europe, offering insight rarely
brought together in a single place. This book will be an
indispensable reference work for lawyers, patent attorneys and
other practitioners interested in learning whether and how to
protect patents in China. Contributors: C. Bailey, Y. Bu, J. Cao,
W. Chen, D. Clark, G. Cui, C. Czychowski, M. Deng, P. Ganea, H.
Goddar, N. Heide, S.-H. Lee, J. Li, Y. Li, K.-C. Liu, S.
Luginbuehl, Q. Ma, T. Mak, J.B. Nordemann, T. Pattloch, O.
Pfaffenzeller, B. Roth, C.D. Simoes, L. Wang, B. Weibel
The second edition of this popular textbook has been thoroughly
revised, expanded and updated in order to reflect the recent
extensive changes in European IP legislation. Providing an in-depth
examination of the core areas of IP law, from copyright, patents
and trademarks through to the protection of plant varieties and
industrial design, it is perfectly pitched to guide the reader
through the complexities of the European IP system. New to this
edition: Coverage of recent legislative changes since the first
edition, including detail on the proposed new copyright package New
expanded chapters on Plant Variety Rights, Industrial Designs and
Geographical Indications New chapter on IPRs and Unfair
Competition, including Trade Secrets Expanded chapter on patents,
including coverage of the unitary patent and the UPC, by new
co-author and patent expert Stefan Luginbuehl. Key features:
Concise and straightforward style, gives students and
non-specialist practitioners a clear understanding of the
fundamentals of European intellectual property law Highlights
extracts from primary sources including decisions of the CJEU and
other key case law, reports, and white papers Poses questions
designed to provoke critical thinking and reflection around legal
problems Covers related areas adjacent to IP law, in order to help
students understand the context in which IP legislation operates
Gives an overview of community and European IP rights and areas
that have been harmonized at a legislative level Considers
international IP protection and the interrelation between European
and IP law more broadly in order to promote comparative study. With
its detailed and comprehensive overview on the structure and
content of European IP law, this textbook has proved an essential
companion to both basic and advanced courses on European
intellectual property across the globe. Acclaim for the first
edition: 'This clearly-written and comprehensive text, by two
leading scholars of European intellectual property law, is
extremely adaptable. It is a perfect platform for classroom
teaching, and is also a fine resource for those researching in what
is becoming an increasingly complex field.' - Graeme B. Dinwoodie,
Chicago-Kent University, US
`The book is explaining in detail the current discussion regarding
the unification of European patent law. It explains the current
national legal practices in Europe, describing the legal and
factual issues and the different approaches to achieve unification.
The book manages to show the complex situation and the different
opinions from the beginning of the discussion in a clear and
comprehensive manner without requiring previous knowledge of the
reader and is therefore to be recommended for everyone interested.'
- Jochen Pagenberg, LL.M. Harvard, President EPLAW, Germany and
Thomas Schachl, LL.M., Attorney-at-law, Germany In his detailed
study, Stefan Luginbuehl critically examines the latest efforts to
establish a common European and EU patent litigation system and
suggests possible alternatives to such a system. Due to the lack of
a European patent court, both the EPO and national judges interpret
European patents and European patent law. This results in diverging
interpretation across Europe and costly litigation for patent
holders. Stefan Luginbuehl's proposals to promote the goal of a
uniform interpretation of patent law and ease the difficulties are
timely and highly insightful. Dealing with important legal and
political issues related to European patent litigation and the
establishment of a common patent litigation system, this book will
appeal to practitioners, patent litigators, patent attorneys and
judges specialised in patent litigation. Academics teaching and
learning IP (patent law), private international law, or
international civil procedure, will find this study interesting as
the book deals with important aspects of national and international
patent litigation, as well as procedural and structural questions
related to the establishment of a patent court for Europe.
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