Intellectual Property and the Common Law

Author: Shyamkrishna Balganesh
Publisher: Cambridge University Press
ISBN: 1107014158
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Leading scholars of intellectual property and information policy examine what the common law can contribute to discussions about intellectual property's scope, structure and function.

Intellectual Property in Common Law and Civil Law

Author: Toshiko Takenaka
Publisher: Edward Elgar Publishing
ISBN: 0857934376
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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.

International Intellectual Property and the Common Law World

Author: C. E. F. Rickett
Publisher: Hart Pub Limited
ISBN:
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Once regarded as an esoteric and arcane area of legal studies,intellectual property law is now recognised as a key foundation of the information society. Part of the legal system's response to the challenges of human creativity, intellectual property law seeks to balance rewards for innovation against the broader public interest. The contributors to this volume address some of the emerging controversies in this expanding area of law, including: property rights in data; cross-border infringement of copyright; dilution of trade marks; the expansion of the law of patents; and the interface between intellectual property law and the regulation of unfair competition.CONTRIBUTORS: The Hon Justice WMC Gummow, John Robinson, Thomas Marci Hamilton, John Simllie, Brian Fitzgerald, Sir Nicholas Pumfrey, Louise Longdin, John Adams, Graeme Austin, Susy Frankel, Sam Ricketson, Ian Eagles.TABLE OF CONTENTS1 International Intellectual Property Law and the Common Law World - Introduction by The hon Justice W.M.C. GummowPart 1: Intellectual Property and the Information Society2 Database Protection and the Circuitous Route Around the United States Constitution - Marci A. Hamilton3 Commodifying and Transacting Informational Products Through Contractual Licences: The Challenge for Informational Constitutionalism - Brian Fitzgerald4 Shall We Shoot a Messenger Now and Then? Copyright Infringement and the On-line Service Provider - Louise Longdin5 Copyright Across (and Within) Domestic Borders - Graeme W. AustinPart 2: Developments in Industrial Society6 Dilution and Confusion: The Bases of Trade Mark Infringement or the new Australian Trade Marks Anti-dilution Law 1999 - Sam Ricketson7 New Challenges for the Law of Patents - John Robinson Thomas8 Patentability in Australia and New Zealand Under the Statute of Monopolies - John Smillie9 The Protection of Designs - The Hon Sir Nicholas Pumfrey10 Industrial Property in a Globalised Environment: Issues of Jurisdiction and Choice of Law - John N. AdamsPart 3: Competition and Market Regulation11 Unfair Competition Law -

Intellectual Privilege

Author: Tom W. Bell
Publisher: Mercatus Center at George Mason University
ISBN: 0989219380
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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.

The Common Law of Intellectual Property

Author: Catherine W Ng
Publisher: Bloomsbury Publishing
ISBN: 1847315933
Format: PDF, Kindle
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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.

Contemporary Intellectual Property

Author: Charlotte Waelde
Publisher: Oxford University Press
ISBN: 0198733690
Format: PDF, ePub, Mobi
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Contemporary Intellectual Property: Law and Policy offers a unique perspective on intellectual property law. It goes beyond an up-to-date account of the law and examines the complex policies that inform and guide modern intellectual property law at the domestic (including Scottish), Europeanand international levels, giving the reader a true insight into the discipline and the shape of things to come. The focus is on contemporary challenges to intellectual property law and policy and the reader is encouraged to engage critically both with the text and the subject matter. Carefully developed to ensure that the complexities of the subject are addressed in a clear and approachable manner, the extensive use of practical examples, exercises and visual aids throughout the text enliven the subject and stimulate the reader. Online Resource Centre:* Accompanied by an online resource centre which contains the following:* Updates to key areas of law * Two bonus chapters on 'History of Registered Design Law in the UK to 1988' and 'History of Unregistered Design -Protection in the UK'* Guidance on answering the discussion points from the book* Web links and further reading

Business Innovation and the Law

Author: Marilyn J. Pittard
Publisher: Edward Elgar Publishing
ISBN: 1781001626
Format: PDF, ePub, Mobi
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Business Innovation and the Law analyses the topical issue of protecting and promoting business research and development. It does so by examining business innovation through the lens of different legal disciplines Ð intellectual property, labour and employment laws, competition and corporate laws. Evaluating the impact of each of these areas using discipline-specific and industry perspectives, the book also explores questions about whether a more harmonized approach is necessary to provide appropriate protection. Approaches of the common law and civil jurisdictions, particularly the European Union, inform and provide guidance to the analysis of emerging issues in this field. This book provides insights into various approaches taken by both common law and civil law jurisdictions regarding the increasingly blurred line of ownership rights in innovative industries. It traverses various disciplines of law as well as jurisdictions. Using interdisciplinary perspectives to business innovation and inter-jurisdictional comparisons and analysis, this book will appeal to university administrators responsible for intellectual property policy, managers of technology transfer offices in universities, intellectual property lawyers, labour and employment lawyers and competition lawyers.

The Enforcement of Intellectual Property Rights

Author: Louis Tc Harms
Publisher:
ISBN: 9789280522495
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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 and as well as criminal proceedings.

Intellectual Property and the Judiciary

Author: Christophe Geiger
Publisher:
ISBN: 9781788113076
Format: PDF, Docs
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Intellectual Property and the Judiciary explores the role of the judiciary in the elaboration and interpretation of intellectual property law, exploring how IP doctrine and policy are developed and the manner in which judges construct and apply norms in different court systems. The authors engage in a comparative exploration of various national, European and international judiciaries and appraise the competing and complementary roles of governing bodies. The book offers an examination of both common law and civil law traditions in the context of judicial treatment of intellectual property.