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The Common Law Of Intellectual Property
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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 Intellectual Property in Common Law and Civil Law by : Toshiko Takenaka
Download or read book Intellectual Property in Common Law and Civil Law written by Toshiko Takenaka and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔIntellectual Property in Common Law and Civil Law presents the perspectives of common as well as civil law, on global IP LawÕs most pertinent issues ranging from inventive step all the way to injunctive relief. Edited by Professor Takenaka, director of the University of WashingtonÕs renowned Center for Advanced Studies and Research on IP (CASRIP), the book assembles deep but easy to read essays by some of the worldÕs leading IP scholars. In short, IP LawÕs most important issues from a global perspective; by the worldÕs leading scholars, yet in a nutshell. Excellent!Õ Ð Christoph Ann, Technische UniversitŠt Mÿnchen, Germany Despite increasing worldwide harmonization of intellectual property, driven by US patent reform and numerous EU Directives, the common law and civil law traditions still exert powerful and divergent influences on certain features of national IP systems. Drawing together the views and experiences of scholars and lawyers from the United States, Europe and Asia, this book examines how different characteristics embedded in national IP systems stem from differences in the fundamental legal principles of the two traditions. It questions whether these elements are destined to remain diverged, and tries to identify common ground that might facilitate a form of harmonization. Containing the most current and up-to-date IP issues from a global perspective, this book will be a valuable resource for IP and comparative law academics, law students, policy makers, as well as lawyers and in-house counsels.
Book Synopsis The Common Law of Intellectual Property by : Catherine Ng
Download or read book The Common Law of Intellectual Property written by Catherine Ng and published by Bloomsbury Publishing. This book was released on 2010-08-25 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays was written in honour of David Vaver, who recently retired as Professor of Intellectual Property and Information Technology Law and Director of the Oxford Intellectual Property Research Centre at the University of Oxford. The essays, written by some of the world's leading academics, practitioners and judges in the field of intellectual property law, take as their starting point the common assumption that the patent, copyright and trade mark laws within members of the 'common law family' (Australia, Canada, Israel, Singapore, South Africa, the United Kingdom, the United States, and so on) share some sort of common tradition. The contributors examine, in relation to particular topics, the extent to which such a shared view of the field exists in the face of other forces that are producing divergence. The essays discuss, inter alia, issues concerning court practices, the medical treatment exception, non-obviousness and sufficiency in patent law, originality and exceptions in copyright law, unfair competition law, and cross-border goodwill and dilution in trade mark law.
Book Synopsis Intellectual Privilege by : Tom W. Bell
Download or read book Intellectual Privilege written by Tom W. Bell and published by Mercatus Center at George Mason University. This book was released on 2014-04-14 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: A consensus has recently emerged among academics and policymakers that US copyright law has fallen out of balance. Lawmakers have responded by taking up proposals to reform the Copyright Act. But how should they proceed? This book offers a new and insightful view of copyright, marking the path toward a world less encumbered by legal restrictions and yet richer in art, music, and other expressive works. Two opposing viewpoints have driven the debate over copyright policy. One side questions copyright for the same reasons it questions all restraints on freedoms of expression, and dismisses copyright, like other forms of property, as a mere plaything of political forces. The opposing side regards copyrights as property rights that deserve—like rights in houses, cars, and other forms of property—the fullest protection of the law. Each of these viewpoints defends important truths. Both fail, however, to capture the essence of copyright. In Intellectual Privilege, Tom W. Bell reveals copyright as a statutory privilege that threatens our natural and constitutional rights. From this fresh perspective come fresh solutions to copyright’s problems. Published by the Mercatus Center at George Mason University.
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 . This book was released on 2013 with total page 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 The Enforcement of Intellectual Property Rights: A Case Book by : L.T.C. Harms
Download or read book The Enforcement of Intellectual Property Rights: A Case Book written by L.T.C. Harms and published by WIPO. This book was released on 2012-12 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this publication, WIPO and the author aim at making available for judges, lawyers and law enforcement officials a valuable tool for the handling of intellectual property cases. To that effect, the case book uses carefully selected court decisions drawn from various countries with either civil or common law traditions. The extracts from the decisions and accompanying comments illustrate the different areas of intellectual property law, with an emphasis on matters that typically arise in connection with the enforcement of intellectual property rights in civil as well as criminal proceedings.
Book Synopsis Forgotten Intellectual Property Lore by : Shubha Ghosh
Download or read book Forgotten Intellectual Property Lore written by Shubha Ghosh and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book explores forgotten disputes over intellectual property and the ways in which creative people and sovereigns have managed these disputes throughout the centuries. With a focus on reform, it raises important questions about the resilience of legal rules and challenges the methodology behind traditional legal analyses. Focusing on lore and traditions, expert contributors incorporate contextual understandings that are rooted in history, sociology, political science, and literary studies into their analyses.
Book Synopsis Intellectual Property Rights by : David Vaver
Download or read book Intellectual Property Rights written by David Vaver and published by Taylor & Francis. This book was released on 2006 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law of Intellectual Property by : Lysander Spooner
Download or read book The Law of Intellectual Property written by Lysander Spooner and published by . This book was released on 1855 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Rights of Publicity and Privacy by : J. Thomas McCarthy
Download or read book The Rights of Publicity and Privacy written by J. Thomas McCarthy and published by . This book was released on 1987 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: This looseleaf treatise examines the inherent rights of individuals to control the commercial use of their identities. Trademarks, copyrights, false advertising, defamation, infliction of mental distress, interference with contract, licenses, and other aspects of publicity and privacy are discussed in the work.
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.
Book Synopsis Intellectual Property Law by : David I. Bainbridge
Download or read book Intellectual Property Law written by David I. Bainbridge and published by Longman. This book was released on 2011 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is designed to help you to relate all the reading and study throughout your course specifically to exam and assignment situations. Understand quickly what is required, organise your revision, and learn the keypoints with ease, to get the grades you need. Tested with examiners and students.
Book Synopsis Simple Rules for a Complex World by : Richard Allen EPSTEIN
Download or read book Simple Rules for a Complex World written by Richard Allen EPSTEIN and published by Harvard University Press. This book was released on 2009-06-30 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Too many laws, too many lawyers--that's the necessary consequence of a complex society, or so conventional wisdom has it. Countless pundits insist that any call for legal simplification smacks of nostalgia, sentimentality, or naivete. But the conventional view, the noted legal scholar Richard Epstein tells us, has it exactly backward. The richer texture of modern society allows for more individual freedom and choice. And it allows us to organize a comprehensive legal order capable of meeting the technological and social challenges of today on the basis of just six core principles. In this book, Epstein demonstrates how. The first four rules, which regulate human interactions in ordinary social life, concern the autonomy of the individual, property, contract, and tort. Taken together these rules establish and protect consistent entitlements over all resources, both human and natural. These rules are backstopped by two more rules that permit forced exchanges on payment of just compensation when private or public necessity so dictates. Epstein then uses these six building blocks to clarify many intractable problems in the modern legal landscape. His discussion of employment contracts explains the hidden virtues of contracts at will and exposes the crippling weaknesses of laws regarding collective bargaining, unjust dismissal, employer discrimination, and comparable worth. And his analysis shows how laws governing liability for products and professional services, corporate transactions, and environmental protection have generated unnecessary social strife and economic dislocation by violating these basic principles. Simple Rules for a Complex World offers a sophisticated agenda for comprehensive social reform that undoes much of the mischief of the modern regulatory state. At a time when most Americans have come to distrust and fear government at all levels, Epstein shows how a consistent application of economic and political theory allows us to steer a middle path between too much and too little.
Book Synopsis Intellectual Property and the Law of Ideas by : Kurt Saunders
Download or read book Intellectual Property and the Law of Ideas written by Kurt Saunders and published by Routledge. This book was released on 2021-02-15 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ideas are the fuel of industry and the entertainment business. Likewise, manufacturers receive suggestions for new products or improvements to existing products, and retailers frequently receive ideas for new marketing campaigns. Many ideas are not new and may be used by anyone without the risk of incurring any legal liability, but some ideas are novel and valuable. If the originator of a potentially useful idea does not have the financial resources to exploit the idea, he or she may submit it to another, with the expectation of receiving compensation if the idea is used. Although an extensive body of intellectual property law exists to protect the rights of inventors, authors, and businesses that own valuable brands or confidential proprietary information, raw ideas receive no protection. Nevertheless, the originator of a potentially useful and marketable idea is not without legal recourse. The courts have developed, through a long line of common law precedents, legal protection for novel and concrete ideas under certain circumstances. The originator of an idea can rely on contract law, whereby the recipient may expressly or impliedly agree to pay for the idea. Alternatively, if the idea is disclosed in confidence, its unauthorized use by the recipient allows the originator of the idea to recover compensation. Finally, some courts have treated the ownership of ideas as quasi-property rights.
Book Synopsis Intellectual Property Law by : Jay Dratler, Jr.
Download or read book Intellectual Property Law written by Jay Dratler, Jr. and published by Law Journal Press. This book was released on 2023-08-28 with total page 1386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the TRIPs Agreement, the Madrid Protocol and other international conventions, and compares the basic principles of U.S. law with Asian & European law.
Book Synopsis Intellectual Property Law for Engineers and Scientists by : Howard B. Rockman
Download or read book Intellectual Property Law for Engineers and Scientists written by Howard B. Rockman and published by John Wiley & Sons. This book was released on 2004-07-26 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: An excellent text for clients to read before meeting with attorneys so they'll understand the fundamentals of patent, copyright, trade secret, trademark, mask work, and unfair competition laws. This is not a "do-it-yourself" manual but rather a ready reference tool for inventors or creators that will generate maximum efficiencies in obtaining, preserving and enforcing their intellectual property rights. It explains why they need to secure the services of IPR attorneys. Coverage includes employment contracts, including the ability of engineers to take confidential and secret knowledge to a new job, shop rights and information to help an entrepreneur establish a non-conflicting enterprise when leaving their prior employment. Sample forms of contracts, contract clauses, and points to consider before signing employment agreements are included. Coverage of copyright, software protection, and the Digital Millennium Copyright Act (DMCA) as well as the procedural variances in international intellectual property laws and procedures.
Book Synopsis Copyright Protection of Unpublished Works in the Common Law World by : Patrick Masiyakurima
Download or read book Copyright Protection of Unpublished Works in the Common Law World written by Patrick Masiyakurima and published by Bloomsbury Publishing. This book was released on 2020-03-05 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses copyright protection of unpublished works including letters, diaries, manuscripts, photographs, memoranda, sketches, private journals, government records and drafts intended for future publication. Under contemporary British copyright law, unpublished works are protected by the Copyright, Designs and Patents Act 1988. In addition, the Berne Convention anticipates that unpublished works shall receive protection. While unpublished works are, in general, assimilated to the treatment of published ones, notable differences in the strength of protection afforded to published and unpublished works remain. It is the case that contemporary British copyright law confers stronger and longer protection on unpublished works. For instance, the unpublished status of a work assumes pivotal significance in the framework for determining: qualification for copyright protection, the extent of copyright protection, exceptions to copyright infringement and the remedies for copyright infringement. The principal aim of the book is to consider whether copyright in unpublished works is justified; a task which is prosecuted from historical, normative and legal perspectives. Although the book's primary focus is the treatment of unpublished works in Britain, it also relies extensively on materials from other Common Law jurisdictions. The book contributes to the understanding of why cumulative protection of unpublished works emerged, and how exceptions to rights in unpublished works evolved. Moreover, the analysis deployed in the book aids the task of applying the law to 'new circumstances'.
