The Subject Matter of Intellectual Property

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Publisher : Oxford University Press, USA
ISBN 13 : 9780199688616
Total Pages : 0 pages
Book Rating : 4.6/5 (886 download)

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Book Synopsis The Subject Matter of Intellectual Property by : Justine Pila

Download or read book The Subject Matter of Intellectual Property written by Justine Pila and published by Oxford University Press, USA. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Despite a rich academic literature in the field of intellectual property (IP), there has been little conceptual analysis of the subject matter that IP rights protect, and in reflection of this, little attention paid to the meaning of the terms used to denote those subject matter, including 'invention', 'authorial work', 'trade mark', and 'design'. This book offers such an analysis, the first of its kind, with the aim of furthering understanding of each IP regime and of IP in general. By means of a nominal word:thing definitional exercise, it studies the terms in question with reference to their recent use by IP legal officials in order to offer a conceptual understanding of the objects that they denote. The analysis proceeds in three main stages. At the first stage, the context in which the relevant terms fall to be defined is considered, with a particular focus on the nature, aims, and values of IP rights and systems. At the second stage, a theoretical framework for thinking about the subject matter protectable by IP in general is proposed, and certain focal questions for understanding such subject matter are derived. And finally, at the third stage, officials' use of the legislative terms that denote the subject matter protectable by IP regimes are considered in detail and the results of that consideration used to answer the focal questions. The result is a definition of each of the terms with reference to the objects that they denote, with a particular focus on the categories and properties of the subject matter protectable by each IP regime, the methods by which those subject matter are individuated within each regime, the relationship between each subject matter and its concrete instances, and the manner in which each subject matter and its instances is known."--Page 4 of cove

The Subject Matter of Intellectual Property

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Publisher :
ISBN 13 : 9780191002328
Total Pages : pages
Book Rating : 4.0/5 (23 download)

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Book Synopsis The Subject Matter of Intellectual Property by : Justine Pila

Download or read book The Subject Matter of Intellectual Property written by Justine Pila and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Patent Subject Matter Eligibility

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Publisher :
ISBN 13 : 9781787424463
Total Pages : 200 pages
Book Rating : 4.4/5 (244 download)

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Book Synopsis Patent Subject Matter Eligibility by : Paul W. Browning

Download or read book Patent Subject Matter Eligibility written by Paul W. Browning and published by . This book was released on 2021-08-31 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patentees file applications in more and more countries every year, with nearly four million PCT applications filed since the Patent Cooperation Treaty came into force in 1978. Yet prosecuting patents in different countries can be challenging. Each country has its own laws for pursuing patent applications and achieving enforceable patents, and local patent law varies widely on the issue of patent eligibility.This title explores patent-eligible subject matter across major jurisdictions and technologies. With succinct discussions of case law, patent office practices, and practical prosecution strategies, this guide is intended to help patent practitioners determine where to consider filing applications, the risks and benefits of certain claim types and language, and how to increase the strength of their clients' global patent portfolios.The varying case law and eligibility issues relating to electrical, computer, biological, pharmaceutical and chemical arts in a variety of jurisdictions will be covered, as well as relevant statistics and key topics such as the impact of new technology in this field.Written by experts in their respective jurisdictions, countries featured in this title include:China;the European Patent Office, including separate sections on France, Germany, and the United Kingdom;India;Japan; andthe United States.Knowing the prior art and having definite claim language is not always enough to obtain strong patent claims. It is therefore crucial to understand the differences in patent eligibility in different countries. With the costs necessary to file and prosecute a patent in each country, practitioners and patentees alike will appreciate this book to assist in understanding which types of applications have the best chance of success.

Perspectives on Patentable Subject Matter

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Publisher : Cambridge University Press
ISBN 13 : 1107070910
Total Pages : 433 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Perspectives on Patentable Subject Matter by : Michael B. Abramowicz

Download or read book Perspectives on Patentable Subject Matter written by Michael B. Abramowicz and published by Cambridge University Press. This book was released on 2014-11-28 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perspectives on Patentable Subject Matter brings together leading scholars to offer diverse perspectives on one of the most pressing issues in patent law: the basic question about which types of subject matter are even eligible for patent protection, setting aside the widely known requirement that a claimed invention avoid the prior art and be adequately disclosed. Some leading commentators and policy-making bodies and individuals envision patentable subject matter to include anything under the sun made by humans, whereas other leaders envision a range of restrictions for particular fields of endeavor, from business methods and computer software to matters involving life, such as DNA and methods for screening or treating disease. Employing approaches that are both theoretically rigorous and grounded in the real world, this book is well suited for practicing lawyers, managers, lawmakers, and analysts, as well as academics conducting research or teaching a range of courses in law schools, business schools, public policy schools, and in economics and political science departments, at either the undergraduate or graduate level.

The Subject Matter of Intellectual Property

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Publisher :
ISBN 13 : 9780191767845
Total Pages : pages
Book Rating : 4.7/5 (678 download)

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Book Synopsis The Subject Matter of Intellectual Property by : Justine Pila

Download or read book The Subject Matter of Intellectual Property written by Justine Pila and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A clear and practical guide to the categories of subject matter protected by the main Intellectual Property regimes, focusing on their constitutive aspects and differences.

The Structure of Intellectual Property Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 0857931547
Total Pages : 385 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis The Structure of Intellectual Property Law by : Annette Kur

Download or read book The Structure of Intellectual Property Law written by Annette Kur and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2009, the Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) dedicated its yearly congress to the theme Horizontal Issues in IP Law; Uncovering the Matrix. That theme and the main concern of the so-called Intellectual Property of Transition Project have been brought together by the editors of the current book under the intriguing title The Structure of Intellectual Property Law Questioned, is whether the apparent compartmentalisation and fragmentation of actual intellectual property law can be based upon a coherent system that supports the entire field. In other words: it is questioned whether one organising principle which underlies the different parts of this domain of law can be found. Not surprisingly, the answers given by the various experts that contribute to this book tend to differ, mainly depending on their field of interest: copyright law, patent law, trademark law, the main tendency being in favour of tailoring instead of unifying both from the perspective of efficiency and that of economics. However, even more interesting than the answers to the question posed, are the stimulating and thought-provoking analyses which the book offers. This is really a book one should read if one is interested in the conjunction of the basic principles of intellectual property law and how they work out in practice. Willem Grosheide, Utrecht University, The Netherlands Today, intellectual property is a broad genus embracing various more specific species - invention patents, copyright, trade marks and so forth. Anyone concerned with how this ever-expanding grouping is developing should read the fourteen essays in this book. Written by leading scholars, they tackle not only the relationships between the species, but also those between sub-species. Originally presented as papers to the Association for Teaching and Research in IP, the writing is both subtle and full of verve. Strongly recommended. William Cornish, Cambridge University, UK This well-researched and highly topical book analyses whether the ever-increasing degree of sophistication in intellectual property law necessarily leads to fragmentation and inconsistency, or whether the common principles informing the system are sustainable enough to offer a solid and resilient framework for legal development.

Intellectual Property and Sports

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403537531
Total Pages : 695 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Intellectual Property and Sports by : Martin Senftleben

Download or read book Intellectual Property and Sports written by Martin Senftleben and published by Kluwer Law International B.V.. This book was released on 2021-09-02 with total page 695 pages. Available in PDF, EPUB and Kindle. Book excerpt: Renowned intellectual property law expert Bernt Hugenholtz once warned, chiding the voracity of copyright, that reducing the subject matter test to mere originality and personal stamp might lead to ‘infinite expansion of the concept of the work of authorship. Anything touched by human hand, including for instance sports performances, would be deemed a work’. Indeed, the applicability of copyright law on sports events and players’ moves is one of the many topics discussed in this volume, which spans issues from those related to players and their performances and achievements, via those relevant to sports event organisers and clubs, to questions concerning event reporting and data and the growing role of AI technologies in sports. Well-known authorities in intellectual property law speculate on the nexus of sports and intellectual property in its widest sense, elucidating such aspects as the following: neighbouring rights for organisers of sports events; ethnic and cultural references in team and league branding; legality of reselling event tickets; use of artificial intelligence in refereeing; related rights protection of images; e-sports and fantasy leagues; and sports celebrities and character merchandising. There are also several intriguing comparative chapters on intellectual property aspects in such parallel domains as body art, movement, carnivals, choreography, and chess. Both profound and entertaining, this unique volume will be appreciated by practitioners, jurists, and academics interested in intellectual property rights as well as in sports law.

Modern Intellectual Property Law

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Publisher : Routledge
ISBN 13 : 1135267693
Total Pages : 1437 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis Modern Intellectual Property Law by : Jonathan Galloway

Download or read book Modern Intellectual Property Law written by Jonathan Galloway and published by Routledge. This book was released on 2010-07-12 with total page 1437 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern Intellectual Property Law combines coverage of each intellectual property right granted for creations of the mind into a thoughtful, unified textbook. Deconstructing the fundamental topics into short, clear sections separated by subheadings throughout, Colston and Galloway's text is the ideal student companion to this intriguing area of the law. This new edition has been completely revised to bring it up to date with the latest debate and changes to the law. All significant recent developments are covered including the continuing controversy over patents for computer-implemented inventions and biotechnological inventions, the House of Lords' developments of patent law, the ECJ jurisprudence relating to trade mark dilution and comparative advertising, as well as the database right, and international efforts to reconcile copyright with peer-to-peer file sharing. This text also discusses the ongoing effort to achieve an appropriate balance between intellectual property and competition law in order to protect market competition while retaining key incentives to drive the process of innovation. Written for students, this accessible and comprehensive textbook provides the perfect starting point for anyone studying intellectual property law in the UK.

The Oxford Handbook of Intellectual Property Law

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Publisher : Oxford University Press
ISBN 13 : 0198758456
Total Pages : 1025 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Oxford Handbook of Intellectual Property Law by : Rochelle Cooper Dreyfuss

Download or read book The Oxford Handbook of Intellectual Property Law written by Rochelle Cooper Dreyfuss and published by Oxford University Press. This book was released on 2018 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.

Global Dimensions of Intellectual Property Rights in Science and Technology

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Publisher : National Academies Press
ISBN 13 : 0309048338
Total Pages : 457 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis Global Dimensions of Intellectual Property Rights in Science and Technology by : National Research Council

Download or read book Global Dimensions of Intellectual Property Rights in Science and Technology written by National Research Council and published by National Academies Press. This book was released on 1993-02-01 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.

Intellectual Property Law in France

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041190600
Total Pages : 171 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Intellectual Property Law in France by : Nicolas Bouche

Download or read book Intellectual Property Law in France written by Nicolas Bouche and published by Kluwer Law International B.V.. This book was released on 2017-06-20 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in France. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in France will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

Grounds of the Immaterial

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Publisher : Edward Elgar Publishing
ISBN 13 : 1786432501
Total Pages : 328 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Grounds of the Immaterial by : Niels van Dijk

Download or read book Grounds of the Immaterial written by Niels van Dijk and published by Edward Elgar Publishing. This book was released on 2017-07-28 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book applies a novel conflict-based approach to the notions of ‘idea’, ‘concept’, ‘invention’ and ‘immateriality’ in the legal regime of intellectual property rights by turning to the adversarial legal practices in which they occur. In doing so, it provides extensive ethnographies of the courts and law firms, and tackles classical questions in legal doctrine about the immaterial nature of intellectual property rights from a thoroughly new perspective.

Intellectual Property Basics: A Q&A for Students

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Publisher : WIPO
ISBN 13 : 9280530356
Total Pages : 72 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Intellectual Property Basics: A Q&A for Students by : World Intellectual Property Organization

Download or read book Intellectual Property Basics: A Q&A for Students written by World Intellectual Property Organization and published by WIPO. This book was released on 2019-04-26 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compiled by the China National Intellectual Property Administration (CNIPA) with the support of the WIPO China Funds-in-Trust, this book gives students a basic yet comprehensive understanding of IP. Using a question-and-answer format, it covers the general rules of the IP system as well as the essentials of patents, copyright, trademarks and other forms of IP, such as industrial designs, geographical indications and traditional knowledge.

WTO

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Publisher : BRILL
ISBN 13 : 9004145672
Total Pages : 945 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis WTO by : Peter-Tobias Stoll

Download or read book WTO written by Peter-Tobias Stoll and published by BRILL. This book was released on 2009 with total page 945 pages. Available in PDF, EPUB and Kindle. Book excerpt: This commentary covers the entire TRIPs agreement. It adopts a comparative perspective in highlighting related and similar provisions and developments in other international and regional instruments.. It is designed to meet the needs both of the WTO and the intellectual property community.

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.

US Intellectual Property Law and Policy

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Publisher : Edward Elgar Publishing
ISBN 13 : 1845429958
Total Pages : 225 pages
Book Rating : 4.8/5 (454 download)

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Book Synopsis US Intellectual Property Law and Policy by : Hugh C. Hansen

Download or read book US Intellectual Property Law and Policy written by Hugh C. Hansen and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: US Intellectual Property Law and Policy provides a selection of well-written essays critically examining the direction of US IP law. Simon Teng, Journal of Intellectual Property Law and Practice . . . an interesting, informative, and enjoyable book. It may be of special interest to Australian students, scholars and practitioners seeking to undertake comparative analysis between Australian and US IP law, particularly in view of the recent Free Trade Agreement. Louise Buckingham, Copyright Reporter The challenging and insightful essays in US Intellectual Property Law and Policy, a compilation by six of the best, if not the best, professors of intellectual property law in the United States . John A. Tessensohn, European Intellectual Property Review This book identifies and addresses the key principles and policies with regard to the protection of intellectual property in the United States. A select group of highly-regarded contributors illustrate several themes which are recurrent in the many debates concerning US law and policy on intellectual property. The need for a constant expansion of protectable subject matter is critically analyzed, especially in relation to trade mark and patent laws. The chapters within the book discuss a question of critical jurisprudential importance: have the legislature and the judiciary taken sufficient consideration of the different economic and constitutional rationales of intellectual property protection when extending the scope of intellectual property protection? A tentative agenda as to the future direction for both Congress and the courts to adopt, in light of the new technological changes which have affected all areas of intellectual property protection equally, is also suggested. Policymakers will find this book of great interest as will academics and students of intellectual property law and international law.

Contemporary Intellectual Property

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Publisher : Oxford University Press, USA
ISBN 13 : 0199263396
Total Pages : 1024 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Contemporary Intellectual Property by : Hector L. MacQueen

Download or read book Contemporary Intellectual Property written by Hector L. MacQueen and published by Oxford University Press, USA. This book was released on 2007 with total page 1024 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is accompanied by a web site where students and lecturers alike can access updates on major developments in the law as well as pointers to the exercises contained in the text.