Examples & Explanations: Intellectual Property, 3rd Ed. / Edition 3

Examples & Explanations: Intellectual Property, 3rd Ed. / Edition 3

by Stephen M. McJohn
Pub. Date:
Wolters Kluwer Law & Business
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Examples & Explanations: Intellectual Property, 3rd Ed. / Edition 3

Keeping up with the fast pace of change in Intellectual Property, the third edition of Examples & Explanations: Intellectual Property offers timely coverage of central concepts in the proven-effective Examples & Explanations format.

Student-friendly, concise, and timely, Examples & Explanations: Intellectual Property features:

complete coverage keyed to the leading IP casebooks for the survey course
proven-effective Examples & Explanations pedagogy that fills in any gaps in students’ understanding of casebook assignments
consistent emphasis on central concepts, without digressing into more advanced topics
free-standing chapters that are easily adapted to any course structure and make this study guide useful to as a reference throughout the semester
Key Concepts and Policy Issues highlighted in each chapter

Updated throughout, the Third Edition includes:

• new developments effecting Internet service providers
• new material on patents, including landmark Supreme Court cases (on first sale, injunctions, patentable subject matter, licensing, declaratory judgments, nonobviousness, infringement abroad, and experimental use) and key Federal Circuit cases
• minimum statutory damages for downloading music
originality—copyright in forms, digital images of public domain works
DMCA anticurcumvention provisions

• new exemptions
• cases protecting legitimate uses of copyright protected works

First Amendment limits on Congress' power to expand copyright protection
international issues, such as copyright restoration for foreign works, and scope of protection abroad for US works
copyright protection for databases, software, and orphan works
consumers licensing, such as click-through copyright licenses and arbitration clauses
• new material on fair use

• thumbnail images in search engines
• Google Book case
Turnitin, on-line plagiarism protection
• Public records in private databases
• Legal documents

• new cases on audio books, sampling, and data use restrictions
• new material on patents, including landmark Supreme Court cases and key Federal Circuit cases
• new material on trademark

• Trademark Dilution Revision Act
• use of trademarks as keywords in search engine advertising
• unauthorized use of trademarks in video games and films
• cases on likelihood of confusion standard, scope of international protection, functionality of trade dress, and fair use of trademarks

• new material on trade secret, such as remedies, reverse engineering, and government use of trade secret information
• new material on state intellectual property law, such as First Amendment limits on right of publicity; unjust enrichment and Intellectual Property law; scope of employee invention assignment agreements; preemption by federal law

Intellectual Property is a big field and continually in the throes of change. Stephen M. McJohn keeps his coverage focused and current in Examples & Explanations: Intellectual Property, Third Edition. For a complete, concise, and clear introduction to central IP concepts, trust the proven-effective Examples & Explanations methodology to convey Intellectual Property concepts to your students.

Product Details

ISBN-13: 9780735577336
Publisher: Wolters Kluwer Law & Business
Publication date: 04/08/2009
Edition description: Older Edition
Pages: 365
Product dimensions: 7.00(w) x 9.90(h) x 1.20(d)

Table of Contents

1. The Contours of Intellectual Property Law

Part I: Copyright

2. Subject Matter: Creative Expression, “No Matter How Humble, Crude, or Obvious”
3. Excluded Subject Matter: Ideas, Functional Aspects, Infringing Material, Government Works
4. Obtaining Protection and Licensing: Ownership, Formalities, Duration
5. Exclusive Rights: Their Enforcement and Limitations

Part II: Patent

6. Patentable Subject Matter: Products and Processes
7. Substantive Standards for Protection: New, Useful, and Nonobvious Inventions
8. Obtaining Protection, Ownership, and Licensing: Of Hoops and Pitfalls
9. Rights and Infringement: “The Benefit of His Invention”

Part III: Trademark

10. Subject Matter of Trademark Law
11. Substantive Standards for Protection: “The Source-Distinguishing Ability of a Mark”
12. Obtaining Protection and Licensing: Using, Registering, Licensing, and Losing a Trademark
13. Infringement and Related Rights Under Trademark Law

Part IV: Trade Secret

14. Trade Secret Subject Matter: Information with Economic Value from Not Being Generally Known
15. Getting Protection Through Reasonable Security Measures and Losing Protection Through Public Disclosure
16. Misappropriation and Remedies

Part V: Three State Law Theories And Preemption

17. Three More State Law Theories and Federal Preemption


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