The Copyright / Trademark Interface

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403523719
Total Pages : 673 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Copyright / Trademark Interface by : Martin Senftleben

Download or read book The Copyright / Trademark Interface written by Martin Senftleben and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Copyright/Trademark Interface How the Expansion of Trademark Protection Is Stifling Cultural Creativity Martin Senftleben The registration of cultural icons as trademarks has become a standard protection strategy in the field of contemporary cultural productions and plays an ever-increasing role in the area of cultural heritage. Attempts to register and ‘evergreen’ the protection of cultural signs, ranging from ‘Mickey Mouse’ to the ‘Mona Lisa’, are no longer unusual. This phenomenon – characterized by the EFTA Court as trademark registrations motivated by ‘commercial greed’ – has become typical of an era where trademark law is employed strategically to withhold or remove cultural symbols from the public domain. In an extraordinary analysis of the clash between culture and commerce, and imbalances caused by protection overlaps arising from cumulative copyright and trademark protection, this book draws attention to the corrosive effect of indefinitely renewable trademark rights and underscores the necessity to safeguard central preconditions for the proper functioning of the copyright system in society at large: the freedom to use pre-existing works as reference points for the artistic discourse and building blocks for new creations, and the need to ensure the constant enrichment of the public domain. Emphasizing how overlapping copyright and trademark protection endangers the proper functioning of intellectual property rights in the literary and artistic domain, the author examines whether the intellectual property system is capable of mitigating the risks arising from cumulative protection. Such issues and topics as the following are treated in depth: the different configuration of intellectual property rights in accordance with different policy objectives and societal functions, in particular the cultural imperative in copyright law and the market transparency imperative in trademark law; problems arising from the registration of cultural icons for use on souvenir and merchandising articles; lack of sufficient safeguards in trademark law against cultural heritage branding; current scope of trademark rights, including the protection of brand value and communication functions, and the deterrent effect of trademark protection on cultural creativity; possibility of a categorical exclusion of contemporary cultural icons and cultural heritage material from trademark protection; development of a strict gatekeeper requirement of ‘use as a mark’ to prevent unjustified trademark infringement claims; development of robust, culturally based defences against trademark infringement claims; and general guidelines for the regulation of protection overlaps in intellectual property law, based on insights derived from the analysis of copyright/trademark overlaps. Drawing on aesthetic, sociological and economic theories that support initiatives to safeguard the autonomy of the literary and artistic domain and support remix activities of artists, the author suggests sound criteria for identifying signs with cultural significance that should be excluded from trademark registration. The book shows how intellectual property law can make rights cumulation strategies less attractive and avoid the loss of inner consistency and social legitimacy, easing the tension between indefinitely renewable trademark rights and the need to preserve and cultivate the public domain of cultural expressions and other intellectual creations that enjoy protection for a limited period of time, such as industrial designs and technical know-how. Its assessment criteria will assist and enable trademark examiners and judges to identify relevant cultural signs, and its proposals for regulatory responses to protection overlaps in intellectual property law will prove of great and lasting value to lawyers, policymakers, and scholars dealing with intellectual property law.

The Copyright/trademark Interface

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Author :
Publisher :
ISBN 13 : 9789403523729
Total Pages : 0 pages
Book Rating : 4.5/5 (237 download)

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Book Synopsis The Copyright/trademark Interface by : Martin Reinhold Felix Senftleben

Download or read book The Copyright/trademark Interface written by Martin Reinhold Felix Senftleben and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Pocket Legal Companion to Trademark

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Author :
Publisher : Skyhorse Publishing Inc.
ISBN 13 : 1581159099
Total Pages : 321 pages
Book Rating : 4.5/5 (811 download)

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Book Synopsis The Pocket Legal Companion to Trademark by : Lee Wilson

Download or read book The Pocket Legal Companion to Trademark written by Lee Wilson and published by Skyhorse Publishing Inc.. This book was released on 2012-08 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides information on using trademarks and shares the problems associated with selecting trademarks that do not infringe established marks, what happens if trademarks are selected carelessly, and what to do in the case of trademark infringement.

Intellectual Property

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Author :
Publisher : Cengage Learning
ISBN 13 :
Total Pages : 692 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Intellectual Property by : Richard Stim

Download or read book Intellectual Property written by Richard Stim and published by Cengage Learning. This book was released on 2001 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: A text and resource for paralegals working in the area of copyright, trademark, trade secret, and patent law. This edition incorporates statutory and case-law changes over the past six years, and adds new material on international intellectual property law and Internet law. Introduces readers to the origins of copyright law, the extent of trademark rights, and what is patentable. Offers step-by-step information for using and registering various forms required in intellectual property law, including trademark and copyright application as well as supporting documentation such as assignments and declarations. Includes a glossary, and appendices of forms. Author information is not given. Annotation copyrighted by Book News Inc., Portland, OR

Patent, Copyright & Trademark

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Author :
Publisher : Nolo
ISBN 13 : 1413329845
Total Pages : 689 pages
Book Rating : 4.4/5 (133 download)

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Book Synopsis Patent, Copyright & Trademark by : Richard Stim

Download or read book Patent, Copyright & Trademark written by Richard Stim and published by Nolo. This book was released on 2022-04-01 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: A plain-English guide to intellectual property law Whether you are in the world of business or creative arts, understanding the laws that govern your work is critical to success. But given the convoluted terminology that surrounds patents, copyrights, trademarks, and other intellectual property rights, this isn’t easy. Enter Patent, Copyright & Trademark, which explains: what legal rights apply to your creations, products, or inventions different types of patents for inventions from machines to plant clones the scope of copyright protection how trademark law works, and what trade secret law protects. Here, you’ll find readily understandable definitions of intellectual property law terms, straightforward explanations of how intellectual property law affects online content, and much more. The 17th edition is completely updated to provide the latest laws (including the Trademark Modernization Act of 2020), court decisions, sample applications, and other forms.

Overlapping Intellectual Property Rights

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Publisher : OUP Oxford
ISBN 13 : 0191642894
Total Pages : 2706 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Overlapping Intellectual Property Rights by : Neil Wilkof

Download or read book Overlapping Intellectual Property Rights written by Neil Wilkof and published by OUP Oxford. This book was released on 2012-08-30 with total page 2706 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive and systematic commentary on the nature of overlapping Intellectual Property rights and their place in practice, this book is a major contribution to the way that IP is understood. IP rights are mostly studied in isolation, yet in practice each of the legal categories created to protect IP rights will usually only provide partial legal coverage of the broader context in which such rights are actually created, used, and enforced. Consequently, often multiple IP rights may overlap, in whole or in part, with respect to the same underlying subject matter. Some patterns, for instance, in addition to being protected from copying under the design rights regime, may also be distinctive enough to warrant trade mark protection. Each chapter addresses a discrete pair of IP rights and is written by a specialist in that area. Facilitating an understanding of how and when those rights may be encountered in practice, each chapter is introduced by a hypothetical situation setting out the overlap discussed in the chapter. The conceptual and practical issues arising from this situation are then discussed, providing practitioners with a full understanding of the overlap. Also included is a valuable summary table setting out the legal position for each set of overlapping rights in jurisdictions across Europe, Central and South America, and Asia, and the differences between them.

The Copyright/Design Interface

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108187617
Total Pages : 541 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis The Copyright/Design Interface by : Estelle Derclaye

Download or read book The Copyright/Design Interface written by Estelle Derclaye and published by Cambridge University Press. This book was released on 2018-03-08 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protecting designs is complex and diverse; it involves deciding whether to protect them by design law, copyright law, or by both laws. A single protection may be under- or overprotective but two or more can be overprotective if there are no rules regulating the overlap. Legal systems in Europe and abroad have struggled to find the most adequate solution to this problem. This book traces the history of the design/copyright interface of fifteen countries, selected for their diversity in the way they dealt with the interface. It examines how these countries have coped with the problems engendered by the interface, the rules they applied to it over time and the reasons for legislative changes. This analysis reveals the most appropriate rules to regulate the interface at EU and global level and will appeal to academics, practising lawyers, judges, students and policymakers all over the world.

Basic Facts about Trademarks

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Author :
Publisher :
ISBN 13 :
Total Pages : 14 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Basic Facts about Trademarks by :

Download or read book Basic Facts about Trademarks written by and published by . This book was released on 1988-08 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fundamentals of United States Intellectual Property Law Copyright, Patent, and Trademark

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403501405
Total Pages : 588 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Fundamentals of United States Intellectual Property Law Copyright, Patent, and Trademark by : Amanda Reid

Download or read book Fundamentals of United States Intellectual Property Law Copyright, Patent, and Trademark written by Amanda Reid and published by Kluwer Law International B.V.. This book was released on 2018-08-10 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Completely revised and updated, this sixth edition of a well-received desk reference offers in one volume a comprehensive review of United States (US) copyright, patent, and trademark laws. Like its previous editions, the book’s thorough and sophisticated treatment of this complex material escapes the cumbersome overelaboration of a multivolume treatise on the one hand and a superficial “nutshell” on the other. Maintaining the systematic structure that makes it easy for users to zero in on any particular matter, the new edition incorporates the changes that have entered into force since the fifth edition and expertly examines their effects. The three major categories of copyright, patent, and trademark are covered in turn—along with a fourth section on chip protection—with detailed but concise examination and analysis of such issues and topics as the following and much more: • subject matter of protection; • conditions of protection; • registration procedures; • scope of exclusive rights; • transfer of interests; • fair use; • rights in unregistered marks; • protection of computer software, code, and databases; • remedies and defenses; and • procedural issues in infringement actions. The authors examine significant case law, updated for this edition, in the course of their analysis. With its detailed citations and readily accessible and complete subject coverage, this latest edition is sure to retain its usefulness as a quick reference or desk book for intellectual property practitioners, in-house counsel, patent agents, academics, and librarians, as well as for anyone interested in understanding US intellectual property law.

The Trademark Guide

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Author :
Publisher : Simon and Schuster
ISBN 13 : 1621536335
Total Pages : 999 pages
Book Rating : 4.6/5 (215 download)

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Book Synopsis The Trademark Guide by : Lee Wilson

Download or read book The Trademark Guide written by Lee Wilson and published by Simon and Schuster. This book was released on 2018-06-05 with total page 999 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A highly accessible text." —Lawyers Weekly A User-Friendly Handbook on Understanding Trademarks Trademarks are a crucial part of the American economy. In plain language with scores of real-life examples, this new edition of The Trademark Guide draws on Wilson's experience and addresses issues important to both would-be trademark owners and those who already own trademarks, including: How to choose a trademark without risking a lawsuit How trademark rights are gained and perfected How to use a trademark properly What constitutes trademark infringement What to do if your trademark is infringed How trademark law applies to new media And much more Completely updated to reflect recent court decisions and changes in the law, this edition features an Internet trademark resources list and expanded information on trademarks in the digital world. Packed with examples, FAQs, and a glossary, The Trademark Guide, Third Edition, will become the go-to for anyone with questions about the complexities of trademark law.

Intellectual Property

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Author :
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 516 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Intellectual Property by : Arthur Raphael Miller

Download or read book Intellectual Property written by Arthur Raphael Miller and published by West Academic Publishing. This book was released on 2000 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patents; The Foundations of Patent Protection; The Subject Matter of Patents; Patentability -- Novelty and Statutory Bar; Patentability -- Utility; Patentability -- Non-Obviousness; Double-Parenting; Parenting Process; Infringement; Remedies; Patent Law and the Intersection of State and Federal Regulation; Trademarks; Foundations of Trademark Protection; Distinctiveness; Dilution and the Expansion of Trademark Doctrine; Loss of Trademark Protection and Partial Protection; Trademark Practice; Subject Matter; Infringement; Remedies; Copyright; Foundations of Copyright Protection; Subject Matter of Copyright; Exclusive Rights; Infringement; Fair Use; Ownership; Formal Requirements; Remedies; Copyright Laws and the Intersection of State and Federal Regulation.

Understanding Copyright & Trademark Law

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Publisher :
ISBN 13 :
Total Pages : 140 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Understanding Copyright & Trademark Law by :

Download or read book Understanding Copyright & Trademark Law written by and published by . This book was released on 2005 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Copyright/Design Interface

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Publisher : Cambridge University Press
ISBN 13 : 1108196020
Total Pages : 492 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis The Copyright/Design Interface by : Estelle Derclaye

Download or read book The Copyright/Design Interface written by Estelle Derclaye and published by Cambridge University Press. This book was released on 2018-03-08 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protecting designs is complex and diverse; it involves deciding whether to protect them by design law, copyright law, or by both laws. A single protection may be under- or overprotective but two or more can be overprotective if there are no rules regulating the overlap. Legal systems in Europe and abroad have struggled to find the most adequate solution to this problem. This book traces the history of the design/copyright interface of fifteen countries, selected for their diversity in the way they dealt with the interface. It examines how these countries have coped with the problems engendered by the interface, the rules they applied to it over time and the reasons for legislative changes. This analysis reveals the most appropriate rules to regulate the interface at EU and global level and will appeal to academics, practising lawyers, judges, students and policymakers all over the world.

Intellectual Property

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Publisher :
ISBN 13 :
Total Pages : 1016 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Intellectual Property by : Rochelle Cooper Dreyfuss

Download or read book Intellectual Property written by Rochelle Cooper Dreyfuss and published by . This book was released on 2004 with total page 1016 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook applies the principles of intellectual property protection to fact patterns arising in a variety of industries, including music, art, computers, biotechnology, and industrial design. The text takes a comparative approach to intellectual property that emphasizes the commonalities and differences in the theories underlying the regimes of trademark, copyright, and patent law. State law is integrated into the discussion, comparing laws and raising issues of pre-emption as they naturally occur in cases. A comprehensive teacher's manual provides answers to the problems, discusses each case in detail, and includes background materials, hypotheticals, and suggested readings.

Intellectual Properties and the Protection of Fictional Characters

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Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313388873
Total Pages : 225 pages
Book Rating : 4.3/5 (133 download)

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Book Synopsis Intellectual Properties and the Protection of Fictional Characters by : Dorothy J. Howell

Download or read book Intellectual Properties and the Protection of Fictional Characters written by Dorothy J. Howell and published by Bloomsbury Publishing USA. This book was released on 1990-07-30 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this pioneering volume, Howell addresses the extent to which fictional characters are legally recognized and protected as intellectual property. Through a judicious selection of cases chosen for their bearing on the popular arts, the author reviews the basic legal principles involved--copyright, trademark, unfair competition, and contract law--and analyzes their applications to fictional characters. In addition to tracing the evolution of the law relating to the protection of fictional characters, Howell explores the feasibility of isolating characters and protecting them via stringent copyright and/or trademark laws, addresses character merchandising and the associated legal issues, and suggests legal reforms aimed at protecting the creator. Detailed case information serves both to illustrate the legal principles and actions discussed and to stand as a model for the proprietors of future characters. Divided into two major sections, the volume begins by offering a comprehensive introduction to intellectual property law. Specific topics addressed include basic concepts of property, statutory protection of intellectual property, elements of an infringement action, defenses to copyright infringement, unfair competition, and the application of trademark principles to literary properties. In the second section, Howell analyzes the extent to which the fictional character is legally regarded as intellectual property. She reviews situations in which copyright and trademark law have been invoked to protect the creator of a fictional character, examines cases involving such well-known characters as the Lone Ranger, Superman, and the crew of the Starship Enterprise, and presents an extended analysis of the case of Tarzan. Finally, Howell considers whether right of publicity and merchandising offer additional protection for fictional characters. In the concluding chapter, she offers an analysis of copyright decisions and a proposal for their reconciliation. Both practicing attorneys and students of entertainment law will find Howell's work an important contribution to the professional literature.

Intellectual Property

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Author :
Publisher : West Legal Studies
ISBN 13 :
Total Pages : 528 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Intellectual Property by : Deborah E. Bouchoux

Download or read book Intellectual Property written by Deborah E. Bouchoux and published by West Legal Studies. This book was released on 2000 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an excellent resource for students enrolled in intellectual property (IP) courses as well as IP professionals who have not had formal training in intellectual property law. It is a comprehensive book that addresses the typical tasks encountered by practitioners, combining both substantive knowledge of the law with the practical focus required of IP practitioners. The manuscript is divided into four sections, each devoted to the topics that create intellectual property - trademarks, copyrights, patents and trade secrets. Understanding of each topic is critical to the long-term success of IP professionals, whether they function in law firms, government agencies or in private sector businesses.

Knowledge is Property

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Author :
Publisher : HighTechEasy Publishing
ISBN 13 :
Total Pages : 157 pages
Book Rating : 4./5 ( download)

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Book Synopsis Knowledge is Property by : Mahesh Sambhaji Jadhav

Download or read book Knowledge is Property written by Mahesh Sambhaji Jadhav and published by HighTechEasy Publishing. This book was released on 2017-01-01 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: · Detailed information about Patents, copyright, trademark in simple to understand format. · Accurate use of pictures, figures and process flow charts to clear the concepts. · All the technical and legal information regarding Patent and copyright process filing process. · Systematic stepwise guide of 17 steps to become successful scientists. · Special Interviews of researchers and legal experts, including their precious guidance. Topics : 1 Knowledge is property: Intellectual property 2 Patents, Copyright, Trademark 3 Copyright Protection: Artist’s Rights 4 Types of Copyright 5 Copyright Laws and Regulations 6 Importance of Trademark : Face of business 7 Geographical Identification 8 Research Privacy: Trade Secret 9 Patents: Protection and conservation of Knowledge 10 Internals of Patents 11 Examples of Patents 12 Industrial Design Protection 13 File your own patent 14 Patent filing process 15 Patent laws and regulations 16 Classifications of Intellectual property 17 Guide to become scientist 18 Expert’s Advice 19 Fact To review 20 Tips 21 Purpose of Intellectual property protection 22 World Intellectual Property Organization 23 Important Links 24 Reference 25 US and Indian Government forms and fee 26 Patent for Reference