intellectual property law the information society selected statutes treaties 2016 edition

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Intellectual Property Law And The Information Society Selected Statutes And Treaties

Author : James Boyle
ISBN : 1536889393
Genre :
File Size : 90. 8 MB
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Current Edition: 2016 Intellectual Property Statutory Supplement. This book contains the full text of the U.S. Trademark (Lanham), Copyright, and Patent Acts, the Defend Trade Secrets Act of 2016, the amended Economic Espionage Act, the California Uniform Trade Secrets Act, the ICANN UDRP (domain name resolution policy), the Berne and Paris Conventions, the WIPO Copyright Treaty and the TRIPS Agreement. It is intended for use with our casebook, Intellectual Property: Law & the Information Society, by James Boyle and Jennifer Jenkins, but it may also be used as a low cost general statutory supplement or educational resource. The book is an "open coursebook" available under a Creative Commons license. A free downloadable version is available at the Duke Center for the Study of the Public Domain website. James Boyle is William Neal Reynolds Professor of Law at Duke Law School and the former Chairman of the Board of Creative Commons. Jennifer Jenkins is Senior Lecturing Fellow at Duke Law School and the Director of the Center for the Study of the Public Domain. The editors wish to thank Mr. Balfour Smith, the Center's coordinator, who ran every stage of the book's creation, from copy-editing to cover design. CONTENTS Introduction Comparative Chart of Intellectual Property Rights Trademark Act of 1946 (Lanham Act) (as amended) Uniform Domain Name Dispute Resolution Policy Copyright Act of 1976 (as amended) Patent Act of 1952 (as amended, with annotations indicating the provisions applicable pre and post America Invents Act) Defend Trade Secrets Act of 2016 Economic Espionage Act of 1996 (as amended by the DTSA) Restatement (First) of Torts §757 California's Uniform Trade Secrets Act Berne Convention for the Protection of Literary and Artistic Works WIPO Copyright Treaty Paris Convention for the Protection of Industrial Property Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

Intellectual Property Law And The Information Society Cases And Materials

Author : James Boyle
ISBN : 1514692228
Genre : Intellectual property
File Size : 65. 45 MB
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Intellectual Property: Law & the Information Society - Cases & Materials 2nd Edition (2015). This open coursebook is an introduction to intellectual property law, the set of private legal rights that allows individuals and corporations to control intangible creations and marks-from logos to novels to drug formulae -and the exceptions and limitations that define those rights. It focuses on the three main forms of US federal intellectual property-trademark, copyright and patent, with a new chapter on state trade secret protection and preemption-but many of the ideas discussed here apply far beyond those legal areas and far beyond the law of the United States. The book is intended to be a textbook for the basic Intellectual Property class, but because it is an open coursebook, which can be freely edited, customized, copied and shared, it is also suitable for undergraduate classes, or for a business, library studies, communications or other graduate school class. A free downloadable version can be found at the Duke Center for the Study of the Public Domain website. Each chapter contains a clear introduction to the field, cases and secondary readings illustrating the structure and conflicts in the theory and doctrine of intellectual property, followed by questions to test the student's understanding. Every chapter is built around a set of problems or role-playing exercises involving the material. The problems range from a video of the Napster oral argument, with the students asked to take the place of the lawyers, to exercises counseling clients about how search engines and trademarks interact, to discussions of the First Amendment's application to Digital Rights Management or the Supreme Court's new rulings on gene patents. The readings include writers as diverse as John Locke, Mark Twain, Victor Hugo, Thomas Babington Macaulay and John Perry Barlow, former lyricist for the Grateful Dead. This edition is current as of July 1, 2015. It includes discussions of such issues as the Redskins' trademark cancellation (and the light thrown on it by the recent "Slants" case), the Google Books case and the America Invents Act's changes to patent law. It is designed to be used with Boyle & Jenkins, Intellectual Property: Selected Statutes and Treaties, 2015 Edition, [ISBN: 1514119048] which is also available both as a freely downloadable Open Coursebook and a high quality, low-cost paperback. About the Authors James Boyle is William Neal Reynolds Professor of Law at Duke Law School and the former Chairman of the Board of Creative Commons. His other books include The Public Domain: Enclosing the Commons of the Mind Jennifer Jenkins is Senior Lecturing Fellow at Duke Law School and the Director of the Center for the Study of the Public Domain. Her recent articles include In Ambiguous Battle: The Promise (and Pathos) of Public Domain Day, and Last Sale? Libraries' Rights in the Digital Age.

Understanding Intellectual Property Law

Author : Donald S. Chisum
ISBN : 9781579111434
Genre : Law
File Size : 41. 98 MB
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Understanding Intellectual Property Law, 2nd Edition covers all of the intellectual property areas and issues likely to be addressed in an intellectual property survey course. After a comprehensive Introduction in Chapter 1, the general areas covered in the remaining chapters include: • Patents • Trade Secrets • Copyright • Trademarks, and • Other Intellectual Property Rights such as: • Design Protection • Plant Protection • Semiconductor Chip Protection • False Advertising • Misappropriation • Rights of Publicity • Idea Submission This new edition also includes: • Coverage of major Supreme Court cases in intellectual property from the past decade • Changes made in response to the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) • Synthesis and reorganization of materials on patentable subject matter • Developments in trade secret law, including adoption of the Uniform Trade Secrets Act (UTSA) • Synthesis and reorganization of materials on copyrightable subject matter • New material on secondary liability, including Grokster, Global-Tech, and the safe harbors and notice-and-takedown provisions for online service providers • Coverage of the Digital Millennium Copyright Act, including anti-circumvention and copyright management information • New materials on Internet technology, including streaming, search engines, keyword advertising, domain names, and cybersquatting • Completely revised coverage of trademarks, including the Federal Trademark Dilution Act and the Trademark Dilution Revision Act While Understanding Intellectual Property Law, 2nd Edition presents important updates to Patent Law since the first edition, unfortunately timing did not allow inclusion of provisions of the America Invents Act. A complimentary supplement (.pdf) addressing these provisions and the changes to Patent Law (covered in Chapter # 2) as a result of these provisions is now available. Professors can access this Supplement at: http://www.lexisnexis.com/lawschool/class/publications. Students will be able to access and download the Supplement (at no charge) at: http://www.lexisnexis.com/lawschool/study/texts. The supplement analyzes important statutory provisions and their effect on current patent law. Topics from the new Act will include: (1) the first inventor to file system and its effects on the definition of prior art; (2) the new derivation proceedings, replacing the current system of interferences, which allows a patent owner to challenge an earlier filed patent for derivation from the subsequent patent; (3) the prior commercial use defense; (4) the new procedures for inter partes review; (5) the new procedure for post-grant review; (6) the new rules for improper patent marking: (7) changes to the treatment of tax method patents; (8) the new rules pertaining to the best mode requirement; and (9) changes to the rules of jurisdiction.

Public Domain

Author : James Boyle
ISBN : 0300150695
Genre : Law
File Size : 83. 84 MB
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In this enlightening book James Boyle describes what he calls the range wars of the information age--today's heated battles over intellectual property. Boyle argues that just as every informed citizen needs to know at least something about the environment or civil rights, every citizen should also understand intellectual property law. Why? Because intellectual property rights mark out the ground rules of the information society, and today's policies are unbalanced, unsupported by evidence, and often detrimental to cultural access, free speech, digital creativity, and scientific innovation. Boyle identifies as a major problem the widespread failure to understand the importance of the public domain--the realm of material that everyone is free to use and share without permission or fee. The public domain is as vital to innovation and culture as the realm of material protected by intellectual property rights, he asserts, and he calls for a movement akin to the environmental movement to preserve it. With a clear analysis of issues ranging from Jefferson's philosophy of innovation to musical sampling, synthetic biology and Internet file sharing, this timely book brings a positive new perspective to important cultural and legal debates. If we continue to enclose the "commons of the mind," Boyle argues, we will all be the poorer.

Idea Rights

Author : H. Clarke Anawalt
ISBN : 1594603138
Genre : Law
File Size : 76. 56 MB
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Idea Rights presents a concise and accurate view of United States intellectual property law for the interested general reader, for attorneys, and for classes that introduce or otherwise cover the material. It contains seven chapters: 1) Intellectual Property in general, 2) Patents, 3) Copyrights, 4) Trademarks, 5) Trade Secrets, 6) Other Legal Theories, and 7) Policy. The book includes an Appendix that presents a special Internet case study. Each chapter examines major statutes and cases, making the reader fully aware of context, then concludes with a one-page reference table summarizing the law. The book presents numerous relevant photos, exhibits from legal documents, and other illustrations relevant to understanding the issues. This book emphasizes application of the law in actual situations. Its coverage follows the analytical thinking done by lawyers in all phases of intellectual property problem solving. Each chapter analyzes the development of the law and areas of application, such as protection of software and controversies over the use of the Internet. Reading Idea Rights will demonstrate the power of intellectual property in the United States and the world.

Shamans Software And Spleens

Author : James BOYLE
ISBN : 9780674028630
Genre : Law
File Size : 82. 46 MB
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Intellectual Property

Author : Stephen M. McJohn
ISBN : 9780735577336
Genre : Law
File Size : 66. 42 MB
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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.

The Liability Of Internet Intermediaries

Author : Jaani Riordan
ISBN : 9780191030468
Genre : Law
File Size : 36. 94 MB
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Internet intermediaries play a central role in modern commerce and society. Although their economic and social importance is well-recognised, their legal liability remains poorly understood, and, until now, no work has specifically addressed their legal responsibility for wrongdoing carried out by third parties using their facilities or platforms. This work fills that gap by providing comprehensive coverage of the legal duties owed by intermediaries and the increasingly complex schemes that regulate their activities. The first part of the work introduces the concept of an internet intermediary, general doctrines of primary and secondary liability, and the European enforcement regime. The second part examines the liability of intermediaries in specific areas of law, with a detailed analysis of the applicable liability rules, and the major English case law, and decisions of the Court of Justice that interpret and apply them. The final part of the work provides guidance on remedies and limitations. Written by an expert author from the intellectual property chambers at 8 New Square, Lincoln's Inn, this is an essential guide for lawyers advising on liability, privacy, and online regulation.

Advanced Introduction To International Intellectual Property

Author : Daniel J. Gervais
ISBN : 1783473428
Genre : Law
File Size : 40. 98 MB
Format : PDF
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This examination of international IP introduces reader to core concepts and international institutions that shape the current system.

Film Copyright In The European Union

Author : Pascal Kamina
ISBN : 1139433385
Genre : Law
File Size : 30. 35 MB
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Intellectual property issues in the film industry are often highly complex and in today's world are evolving rapidly. In the first book on this subject, Pascal Kamina unravels the complexities of film protection in the fifteen member states of the European Union, giving special emphasis to the United Kingdom and France. As well as addressing key aspects of film copyright, Kamina also deals with the protection of film works within the European Union in the context of European harmonisation of copyright laws. He details the main features of the domestic legislations of EU member states, and identifies the difficulties awaiting a further harmonization of copyright and neighbouring rights in this field. This book will interest practitioners, academics and students. The developments on contracts and moral rights will be of particular interest to lawyers outside continental Europe.

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