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Intellectual Property Misuse
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Download or read book Intellectual Property Misuse written by and published by American Bar Association. This book was released on 2000 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Misuse is an increasingly important topic because of the central role intellectual property plays in our economy. The consequences of a misuse finding are severe: unenforceability of the patent or copyright involved, and defense to a suit to recover royalties in a license. The defense continues to arise in patent cases, has led to the dismissal of several recent copyright cases, and is now being asserted in trademark cases. The misuse defense thus represents a nexus of intellectual property and antitrust law and has the potential to affect business practices involving computer copyrights and other areas highly relevant in today's economic environment. This timely handbook covers the origin and development of the misuse doctrine, the debate about its scope and existence in relation to antitrust law, and its present status in patent, copyright, and trademark law. It also gives practical insights into how the doctrine affects both licensing and litigation practice.
Download or read book INTELLECTUAL PROPERTY MISUSE written by and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Copyfraud and Other Abuses of Intellectual Property Law by : Jason Mazzone
Download or read book Copyfraud and Other Abuses of Intellectual Property Law written by Jason Mazzone and published by Stanford University Press. This book was released on 2011-10-05 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property law in the United States does not work well and it needs to be reformed—but not for the reasons given by most critics. The issue is not that intellectual property rights are too easily obtained, too broad in scope, and too long in duration. Rather, the primary problem is overreaching by publishers, producers, artists, and others who abuse intellectual property law by claiming stronger rights than the law actually gives them. From copyfraud—like phony copyright notices attached to the U.S. Constitution—to lawsuits designed to prevent people from poking fun at Barbie, from controversies over digital sampling in hip-hop to Major League Baseball's ubiquitous restriction on sharing any "accounts and descriptions of this game," overreaching claims of intellectual property rights are everywhere. Overreaching interferes with legitimate uses and reproduction of a wide variety of works, imposes enormous social and economic costs, and ultimately undermines creative endeavors. As this book reveals, the solution is not to change the scope or content of intellectual property rights, but to create mechanisms to prevent people asserting rights beyond those they legitimately possess. While there are many other books on intellectual property, this is the first to examine overreaching as a distinct problem and to show how to solve it. Jason Mazzone makes a series of timely proposals by which government, organizations, and ordinary people can stand up to creators and content providers when they seek to grab more than the law gives them.
Download or read book Joint Ventures written by and published by American Bar Association. This book was released on 2006 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: Joint Ventures: Antitrust Analysis of Collaborations Among Competitors is the first book to provide a comprehensive analysis of antitrust joint venture law in the immediate aftermath of the Supreme Court's landmark Dagher decision. It reviews antitrust principles applicable to joint ventures and other competitor collaborations, taking into account relevant statutory and case law as well as government guidelines and enforcement practices.
Book Synopsis Spares, Repairs, and Intellectual Property Rights by : Christopher Heath
Download or read book Spares, Repairs, and Intellectual Property Rights written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 andrepairand and andrecycleand 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 andidentityand; the concept of andindirectand or andcontributoryand 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.
Book Synopsis An Intellectual Property Law Primer by : Earl W. Kintner
Download or read book An Intellectual Property Law Primer written by Earl W. Kintner and published by . This book was released on 1982 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: Study commenting on patent law and judicial decisions relating to intellectual property rights in the USA - examines protection procedures for patents, trade secrets, knowhow, trade marks, copyright, public performances (performers) and commercial publicity; discusses income tax on intellectual property. Bibliography.
Book Synopsis Patent Misuse and Antitrust Law by : Daryl Lim
Download or read book Patent Misuse and Antitrust Law written by Daryl Lim and published by Edward Elgar Publishing. This book was released on 2013-10-31 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. Created to remedy and discourage misconduct by patent owners a century ago, its proper role today is debated more than ever before.
Book Synopsis Licensing of Intellectual Property by : Jay Dratler
Download or read book Licensing of Intellectual Property written by Jay Dratler and published by Law Journal Press. This book was released on 2023-12-28 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the definitive treatise in the field. It provides in-depth coverage of not only standard contract provisions, but also the intellectual property, antitrust, misuse, and more.
Book Synopsis Licensing Intellectual Property by : Robert Gomulkiewicz
Download or read book Licensing Intellectual Property written by Robert Gomulkiewicz and published by Aspen Publishing. This book was released on 2023-01-31 with total page 1107 pages. Available in PDF, EPUB and Kindle. Book excerpt: Licensing Intellectual Property: Law & Application is the most popular textbook for teaching the legal underpinnings and the skills of intellectual property licensing, which is one of the core areas of law practice for business and intellectual property lawyers. This book covers: Licensing Transactions for inventions and creative works Contract drafting Intellectual property The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Intellectual property is among the most important and interesting areas of law, thanks to its close link to the technological innovation sweeping society. But it is not enough to simply own patents, copyrights, trademarks, and trade secrets—inventors and creators need to put these intellectual property assets to productive use. Licensing is the most important way to do that. Licensing Intellectual Property: Law and Application provides students of varied backgrounds with an understanding of the legal principles and licensing models available to help clients accomplish their business objectives. This book is for courses focusing on the law of licensing and the application of licensing in practice. In particular, the book’s extensive drafting and client counseling exercises provide students the opportunity to develop their skills. New to the Fifth Edition: Updated material on the intersection between intellectual property licensing and unfair competition Updates on new business models for copyrighted works Updates on laws protecting information and data Professors and students will benefit from: Accessible to students/teachers of varied backgrounds and levels of expertise Explains business context for licensing: what clients want to accomplish and why Covers why licensing is the predominant transaction model for ideas, information, inventions, and creative works Discusses “headline” topics
Book Synopsis Intellectual Property and the Common Law by : Shyamkrishna Balganesh
Download or read book Intellectual Property and the Common Law written by Shyamkrishna Balganesh and published by Cambridge University Press. This book was released on 2013-09-02 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, leading scholars of intellectual property and information policy examine what the common law - a method of reasoning, an approach to rule making, and a body of substantive law - can contribute to discussions about the scope, structure and function of intellectual property. The book presents an array of methodologies, substantive areas and normative positions, tying these concepts together by looking to the common law for guidance. Drawing on interdisciplinary ideas and principles that are embedded within the working of common law, it shows that the answers to many of modern intellectual property law's most puzzling questions may be found in the wisdom, versatility and adaptability of the common law. The book argues that despite the degree of interdisciplinary specialization in the field, intellectual property is fundamentally a creation of the law; therefore, the basic building blocks of the law can shed important light on what intellectual property can and should (and was perhaps meant to) be.
Book Synopsis Licensing of Intellectual Property and Other Information Assets by : Raymond T. Nimmer
Download or read book Licensing of Intellectual Property and Other Information Assets written by Raymond T. Nimmer and published by . This book was released on 2007 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt: View or download the free 2015 Online Supplement for this product. This unique book combines traditional case law and materials along with numerous problems to enable coverage of this exciting and rapidly developing field in either a case law-based or problem-based course. The book is comprehensive, dealing with all of the traditional areas of intellectual property and information licensing and also with modern issues associated with digital and online transactions, including topics such as data protection, security, and privacy in online transactions. It also provides for coverage of antitrust, misuse, and preemption issues in licensing. This comprehensive book blends the licensing materials into an integrated and coherent whole presented in a straightforward and understandable manner, but also one that allows the professor to emphasize one or another of the fields of licensing over the others by selecting among the cases or problems involved. The problem materials facilitate not only a problem-based approach to the policy and legal issues, but also present students with numerous drafting exercises and drafting issues, reflecting the contractual nature of licensing law. A Documentary Supplement includes both federal and state laws applicable to the issues covered in the book as well as licensing agreements dealing with the various aspects of licensing practice. A Teacher's Manual is available. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Download or read book Death In Hyde Park written by Robin Paige and published by Penguin. This book was released on 2005-02-01 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Coronation Day, 1902. Charles and Kate Sheridan are pleased to be at the crowning of their king. But when an anarchist accidentally blows himself up with a bomb meant for their monarch, Charles and Kate turn up a number of intriguing--and disturbing--questions. For example, what is mysterious, beautiful Charlotte Conway--editor of the anarchist newspaper where the dead man was employed--doing in the arms of expatriate author Jack London?
Book Synopsis Multi-dimensional Approaches Towards New Technology by : Ashish Bharadwaj
Download or read book Multi-dimensional Approaches Towards New Technology written by Ashish Bharadwaj and published by Springer. This book was released on 2018-07-23 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators.
Book Synopsis Intellectual Property Damages by : Mark A. Glick
Download or read book Intellectual Property Damages written by Mark A. Glick and published by John Wiley & Sons. This book was released on 2002-12-30 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive resource for anyone involved in intellectualproperty litigation With Intellectual Property Damages you'll get the basics of theintellectual property litigation process, the essential "rules" inpostulating damages theories, the basics of IP law, the economicpolicies that are the foundation for much of IP litigation, theskills necessary to correctly calculate damages in IP cases--andmore! Order your copy today!
Book Synopsis Trade Secrets and Intellectual Property by : William van Caenegem
Download or read book Trade Secrets and Intellectual Property written by William van Caenegem and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the Author --Acknowledgements --Introduction and Background of Trade Secrets Protection --Property, Propriety and Policy --International Standards --The Common Law Approach: The English Law System --The Common Law Approach: The United States --Civilian Approaches: France --Civilian Approaches: Germany --Trade Secrets and Employees --Conclusions --Text of the Relevant German Provisions.
Book Synopsis Unfair Trade Practices and Intellectual Property by : Roger E. Schechter
Download or read book Unfair Trade Practices and Intellectual Property written by Roger E. Schechter and published by West Academic Publishing. This book was released on 1993 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privilege to Compete; Obtaining Trademark Rights; Types of Trademarks; Shape, Color and Trade Dress; Trademark Infringement; Dilution; Permissible Uses of Another's Mark; Copyrightable Subject Matter; Publication; Copyright Formalities; Joint Works and Works Made for Hire; Rights of Copyright Owners; Copyright Infringement; Fair Use; Misappropriation Doctrine; Right of Publicity; Preemption of State Law; Types of Patents; Patent-Eligible Subject Matter; Novelty; Statutory Bar; Non-Obviousness; Utility; Patent Application Procedure; Patent Infringement; Trade Secret Law; State False Advertising and Disparagement Law; Lanham Act Claims for False Advertising and Disparagement; F.T.C. Unfairness Doctrine; F.T.C. Deception Doctrine; Advertising Substantiation; F.T.C. Remedies; F.T.C. Rule-making; Consumer Remedies; Price Discrimination Under the Robinson-Patman Act; Harm to Primary-Line Competition; Harm to Secondary-Line Competition; Cost Justification and Meeting Competition Defenses; Advertising Allowances; Buyer Liability for Price Discrimination.
Book Synopsis Introduction to Intellectual Property Law by : Donald A. Gregory
Download or read book Introduction to Intellectual Property Law written by Donald A. Gregory and published by BNA Books (Bureau of National Affairs). This book was released on 1994 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here is the basic, vital guidance you need on: - drafting an airtight contract - registering a claim to copyright - transferring rights - applying for a patent - enforcing protected rights The authors map your path and give you concise help on topics including protection of computer software, false advertising, employee and consultant considerations, and licensing.
