Global Issues in Intellectual Property Law

Paperback (Print)
Used and New from Other Sellers
Used and New from Other Sellers
from $20.46
Usually ships in 1-2 business days
(Save 46%)
Other sellers (Paperback)
  • All (4) from $20.46   
  • New (2) from $28.55   
  • Used (2) from $20.46   

Overview

This book is part of the GLOBAL ISSUES SERIES. Each book in this series contains materials designed to facilitate the introduction of international, transnational and comparative law issues into basic law school courses. The goal of this series is to ensure that all law school graduates have sufficient familiarity with the growing impact of non-domestic sources of law, and the growing potential for transnational legal transactions and disputes, to function in an era of increasing globalization. In addition, introduction of international, transnational and comparative law materials can enhance the students' understanding of domestic law.

The philosophy behind this series may be best summarized by Justice Stephen G. Breyer's statement that “This world we live in is a world where it is out of date to teach foreign law in a course called Foreign Law.”

Read More Show Less

Product Details

  • ISBN-13: 9780314179531
  • Publisher: West Academic Publishing
  • Publication date: 2/11/2010
  • Series: Global Issues
  • Pages: 294
  • Sales rank: 755,113
  • Product dimensions: 6.20 (w) x 9.20 (h) x 0.60 (d)

Table of Contents

Preface v

Acknowledgements vii

Table of Cases xxi

Chapter 1 Special Cross-Border Considerations in Intellectual Property Law 1

A The Principle of Territoriality 1

Subafilms, Ltd. v. MGM-Pathe Communications Co. 1

Notes and Questions 6

B Choice of Law Issues 8

Voda v. Cordis Corp. 9

Notes and Questions 16

C The Treaty Regime 18

1 Common Features of the Treaties 18

2 The Main Treaties 20

a The Paris Convention 20

b “Procedural” Corollaries to the Paris Convention: The Patent Cooperation Treaty, Madrid Agreement and Protocol, and Hague Agreement 22

c The Berne Convention 24

d The European Patent Convention 26

e TRIPS Agreement 28

D TRIPS and Its International Impact: India as a Case Study 31

1 India in a Pre-TRIPS World 31

2 India and TRIPS Compliance 33

Appellate Body Report, India—Patent Protection for Pharmaceutical and Agricultural Chemical Products 34

Notes and Questions 36

E Limited Flexibilities: “General” Versus “Specialized” Intellectual Property Courts 40

International Bar Association, Intellectual Property & Entertainment Law Committee, International Survey of Specialised Intellectual Property Courts and Tribunals 40

Notes and Questions 45

Chapter 2 Patents 47

A Patent Eligible Subject Matter: Computer Programs and Business Methods 47

Symbian Ltd. v. Comptroller General of Patents, Designs and Trademarks 48

A Patent Eligible Subject Matter: Computer Programs and Business Methods—Continued

Notes and Questions 55

Microsoft Corp.'s Application 56

Notes and Questions 58

The Patent Protection for Business Method Inventions in China Zhang Yurong Yu Xiang 61

Notes and Questions 64

B Moral Utility 64

WARF/Stem Cells 66

Notes and Questions 69

C Priority, Prior Art, Grace Period, and Best Mode 72

1 Priority: First-to-Invent Versus First-to-File 73

The Patent Reform Act of 2007 73

Notes and Questions 74

2 Prior Art 74

Patently Unconstitutional: The Geographical Limitation on Prior Art in a Small World Margo A. Bagley 76

Notes and Questions 79

Novelty and Inventive Step: Obstacles to Traditional Knowledge Protection under Patent Regimes: A Case Study in China Li Xuan 80

Notes and Questions 82

3 Grace Period 84

Patents for Chemicals, Pharmaceuticals and Biotechnology: Practice and Strategy Phillip W. Grubb 84

Notes and Questions 85

4 Best Mode 86

D Obviousness: The Inventive Step 87

Haberman v. Jackel Int'l Ltd 87

BASF/Metal Refining 93

Notes and Questions 96

Novelty and Inventive Step: Obstacles to Traditional Knowledge Protection under Patent Regimes: A Case Study in China Li Xuan 98

Notes and Questions 101

E TRIPS, Doha and Compulsory Licensing 101

Notes and Questions 105

Chapter 3 Copyrights 107

A Protection of Databases 107

European Parliament and Council Directive 96/9, On the Legal Protection of Databases 108

British Horseracing Board Ltd. v. William Hill Organization Ltd 111

Notes and Questions 116

B Moral Rights 118

Berne Convention for the Protection of Literary and Artistic Works 119

Code de la Propriété Intellectuelle[Intellectual Property Code] (France) 120

Turner Entertainment Co. v. Huston 122

Lior Jacob Strahilevitz, The Right to Destroy 125

B Moral Rights—Continued

Copyright and the Moral Right: Is an American Marriage Possible? Roberta Rosenthal Kwall 127

Notes and Questions 131

C Limitations and Exceptions to Copyright: Fair Use/Fair Dealing 135

Berne Convention for the Protection of Literary and Artistic Works 135

Agreement on Trade-Related Aspects of Intellectual Property Rights 136

Panel Report, United States—Section 110(5) of the U.S. Copyright Act 136

Toward an International Fair Use Doctrine Ruth Okediji 140

Hong Kong Copyright Ordinance 146

Notes and Questions 147

D Technological Protection Measures 149

WIPO Copyright Treaty 150

Canadian Copyright Act 150

Technical Protection Measures: Tilting at Copyright's Windmill Ian R. Kerr Alana Maurushat Christian S. Tacit 151

Anticircumvention and Anti-anticircumvention Peter K. Yu 154

Notes and Questions 160

Chapter 4 Trademarks and Similar Indicia 162

A Nontraditional Trademarks: Smells, Color, Sounds and Tastes 162

Sieckmann v. Deutsches Patent- und Markenamt 163

Notes and Questions 166

Eli Lilly & Co.'s Application 167

Notes and Questions 168

B Immoral and Against Public Policy 170

Application of Kenneth (Trading as Screw You) 171

Notes and Questions 173

Sporting Kicks Ltd's Application 174

Notes and Questions 175

New Zealand Tackles the Maori Issue Bryan Thompson 177

Notes and Questions 178

C Infringement and Use 180

Arsenal Football Club v. Reed 180

Notes and Questions 183

Reed Executive v. Reed Business Information Ltd. 185

Notes and Questions 188

Matim Li Fashion Chain for Large Sizes Ltd. v. Crazy Line Ltd 188

Notes and Questions 191

D Foreign Equivalents 192

1 Establishing Local Protection in a Global Economy 192

Krazy Glue Inc. v. Group Cyanomex S.A. de C.V. 193

Cheung Kong (Holdings) Limited v. Living Realty Inc. 195

Notes and Questions 196

2 Translation: Ascertaining Meaning for Foreign Equivalents 198

E Famous and Well-Known Marks 199

1 Establishing and Enforcing Rights Worldwide 199

2 The Famous Marks Doctrine 200

Grupo Gigante SA de CV v. Dallo & Co. 201

Notes and Questions 204

F Trademark Dilution 206

Verimark (Pty) Ltd. v. BMW AG 206

Notes and Questions 208

G Trademarks and Geographical Indications 210

1 What Is a Geographical Indication? 210

2 The Law and Policy of Geographical Indications 212

3 United States' Implementation of the TRIPS Obligations for Geographical Indications 214

4 Defining the Geographical Indication: An Example 216

Consorzio del Prosciutto di Parma and Salumificio S. Rita SpA v. Asda Stores Ltd. and Hygrade Foods Ltd. 217

Notes and Questions 221

5 The Interaction Between Trademarks and Geographical Indications 222

Consorzio del Prosciutto di Parma v. Maple Leaf Meats Inc. 222

Notes and Questions 225

Chapter 5 The Protection of Product Designs and Utility Models 228

A Product Designs 228

1 The Byzantine United States System 228

2 The Worldwide Norm: Unified Design Protection Schemes 229

Council Regulation 6/02, On Community Designs 230

Notes and Questions 234

B Utility Models: The Gray Area Between Patent and Design Laws 236

Virgin Atlantic Airways Ltd. v. Premium Aircraft Interiors Group Ltd. 237

Notes and Questions 243

Utility Model Act (Japan) 245

Notes and Questions 246

Chapter 6 Other Forms of Intellectual Property 248

A The Doctrine of Misappropriation 248

B The Right of Publicity 250

Gould Estate v. Stoddart Publishing Co. 251

Notes and Questions 256

C The Law Governing Secret Information 257

1 Trade Secret Law 257

Faccenda Chicken Ltd. v. Fowler 258

Notes and Questions 262

C The Law Governing Secret Information—Continued

2 Trade Secrets in International Intellectual Property Law 263

Notes and Questions 265

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)