intellectual property and the common law

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Intellectual Property And The Common Law

Author : Shyamkrishna Balganesh
ISBN : 9781107014152
Genre : Law
File Size : 38. 33 MB
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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.

The Common Law Of Intellectual Property

Author : Catherine W Ng
ISBN : 9781847315939
Genre : Law
File Size : 85. 68 MB
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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.

International Intellectual Property And The Common Law World

Author : C. E. F. Rickett
ISBN : UOM:39015049648358
Genre : Law
File Size : 47. 97 MB
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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 Property In Common Law And Civil Law

Author : Toshiko Takenaka
ISBN : 9780857934376
Genre : Law
File Size : 86. 22 MB
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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.

Intellectual Property And Information Wealth Copyright And Related Rights

Author : Peter K. Yu
ISBN : 027598883X
Genre : Copyright
File Size : 62. 33 MB
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A multi-disciplinary introduction to emerging trends and issues in intellectual property and its impact on business, law, and society--from Napster to "open source," traditional media to electronic commerce, fair use to enforcement across borders.

Intellectual Property And Private International Law

Author : Toshiyuki Kono
ISBN : 9781847319708
Genre : Law
File Size : 20. 71 MB
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'Intellectual property and private international law' was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington (July 2010). This volume contains the General Report and 20 National Reports covering Canada, US, Japan, Korea, India and a number of European countries (Austria, France, Germany, UK, Spain etc). The General Report was prepared on the basis of National Reports. The national reporters not only describe the existing legal framework, but also provide answers for up to 12 hypothetical cases concerning international jurisdiction, choice-of-law and recognition and enforcement of foreign judgments in multi-state IP disputes. Based on their answers the main differences between legal systems as well as the shortcomings of the cross-border enforcement of IP rights are outlined in the General Report. The Reports in this volume analyse relevant court decisions as well as recent legislative proposals (such as the ALI, CLIP, Transparency, Waseda and Korean Principles). This book is therefore a significant contribution to the existing debate in the field and will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context.

The Enforcement Of Intellectual Property Rights

Author : Louis TC Harms
ISBN : 9280524585
Genre : Law
File Size : 64. 22 MB
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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.

Concepts Of Property In Intellectual Property Law

Author : Helena Howe
ISBN : 9781107041820
Genre : Law
File Size : 54. 32 MB
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This book explores the interaction between notions of property in law and particular aspects of intellectual property law.

A Dictionary Of Intellectual Property Law

Author : Peter Groves
ISBN : 9781849807784
Genre : Law
File Size : 87. 94 MB
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'An entertaining legal dictionary with a difference.' – BabyBarista website 'Intellectual property has a vast, perplexing and diverse vocabulary, and this enriching Dictionary provides a starting point for understanding new concepts and crafting precise definitions to meet the needs of a particular case. . . well worth a read.' – IPKat 'Dr Groves set himself the monumental task of assembling a work that would be both a dictionary of the most important terms in intellectual property law and a ready resource for IP students and practitioners worldwide. He has succeeded admirably: his book not only covers the field but also glitters with unexpected delights (the entry on "goodwill" is a must-read). This compendium is essential for the desktop (or laptop) of anyone whose work involves intellectual property.' – Robert C. Cumbow, Graham & Dunn PC, US 'Confused between community patent review and community patents? Lost in a thicket of dockets, rocket or otherwise? Let Peter Groves' Dictionary of Intellectual Property Law be your guide. Filling almost 500 often lighthearted, occasionally acerbic, but invariably fact-packed pages, the book takes you from the ActionAid Chip and the Air Pirates case through BIRPI, Cognating, Dockets, Evergreening; Jepson, Pedrick's cat and Simkins; PHOSITA, Trundlehumpers, the verb "to Uncopyright" and X-Patents, all the way to Zwart maken. Essential reading.' – David Musker, Partner, RGC Jenkins & Co. 'Do not be put off by the word "dictionary". This is a fascinating, witty and erudite little volume, packed with interesting and useful information on the whole gamut of intellectual property. It leaves one (this one anyway) hungering for more and wanting to delve more deeply into fields that have nothing to do with earning one's daily bread.' – Tony McStea, Senior Patent Attorney, Global Patents, Givaudan Schweiz AG 'This work is splendid. As an intellectual property litigator I ask, "why did no-one do it before"? Was it for lack of the creative idea, or did no-one have the diligence and erudition of Peter Groves to perfect it? and now that it has been done, we will wonder how we managed without it.' – Jonathan Turner, Barrister Intellectual property has a vast, perplexing and diverse vocabulary, and this enriching Dictionary provides a starting point for understanding new concepts and crafting precise definitions to meet the needs of a particular case. Not only are new words and phrases being coined as technology changes and the law follows, but also the international scope of intellectual property means that IP lawyers will encounter foreign words and phrases. With over 1000 expressions defined clearly and entertainingly, this book should be the first reference point to understanding intellectual property terminology. It will be particularly helpful to practitioners when they encounter expressions they have not seen before which they need to understand the true meaning and definition of. Students finding unfamiliar terminology and concepts will also appreciate the instant explanation available from this essential resource.

Contemporary Intellectual Property Law And Policy

Author : Charlotte Waelde
ISBN : 9780199671823
Genre : Law
File Size : 80. 93 MB
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Contemporary Intellectual Property: Law and Policy provides a unique learning focussed approach to studying this dynamic and interesting area of law. Discussion points and exercises ensure that students engage with the legal provisions and their wider social context to develop a sophisticated awareness of the subject as a whole.

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