Intellectual Property Law: Commercial, Creative and Industrial Property

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This book discusses the TRIPs Agreement, the Madrid Protocol and other international conventions, and compares the basic principles of U.S. law with Asian & European law.

This four-volume treatise covers all major fields of intellectual property: patents, process patents, trade secrets, copyright, technological protection of copyrighted works under the Digital Millennium Copyright Act, online copyright and trademark liability, semiconductor chip protection, import exclusion, database protection, software protection, Web publishing, trademarks, trade dress, Internet domain names, parallel imports and “gray goods,” and unfair competition. Intellectual Property Law: Commercial, Creative, and Industrial Property also discusses the TRIPs Agreement, the Madrid Protocol and other international conventions, and compares the basic principles of U.S. law with those of Asian and European law.

An introductory chapter outlines and compares the various fields of intellectual property law, analyzing their purposes, underlying policies and important differences, as well as their treatment by the courts. Separate sections for each type of intellectual property examine what can be protected, the requirements for protection, the intellectual property owner's rights, limitations on those rights and the standards for establishing infringement.

Concluding chapters provide detailed comparisons of the remedies available under the various intellectual property statutes and at common law, including monetary relief, preliminary and permanent injunctive relief, augmented and punitive damages, import exclusion, attorneys' fees and criminal sanctions. Extensive treatment of legislative and regulatory, judicial and international developments is incorporated throughout.

Book #00615; looseleaf, four volumes, 3,346 pages; published in 1991, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-054-8

Additional Information
SKU 615ONL
Division Name Law Journal Press
Volumes 4
Product Types Books
Brand Law Journal Press
Jurisdiction National
ISBN 978-1-58852-054-8
Page Count 3346
Edition 0
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Jay Dratler
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Stephen McJohn
Professor Stephen McJohn is a professor at Suffolk University Law School in Boston, Massachusetts where he teaches in the areas of intellectual property and commercial law. His scholarly interests lie in areas touching on law and technology, such as intellectual property, computer law, artificial intelligence and legal reasoning, and economic analysis. Professor McJohn received his B.A. in Computer Studies and his J.D., magna cum laude, from Northwestern University. After studying law in Germany and completing a federal appellate clerkship, he practiced law in the Chicago office of Latham and Watkins and taught at the IIT Chicago-Kent School of Law.
Volume 1

CHAPTER 1
Overview of Intellectual Property

§ 1.01 What Is Intellectual Property?
[1] Distinctive Aspects of Intellectual Property
[2] Subfields of Intellectual Property
[3] Emergence of Intellectual Property as a Single Field of Law
[4] Comparing the Forms of Intellectual Property
§ 1.02 Protected Subject Matter
[1] Patents
[2] Copyrights
[3] Semiconductor Chip Protection
[4] Trade Secrets
[5] Trademarks and Related Property
[6] Exploiting the Overlap
§ 1.03 Strength of Protection
[1] Patents
[2] Copyrights
[3] Semiconductor Chip Protection
[4] Trade Secrets
[5] Trademarks
§ 1.04 Duration of Protection
§ 1.05 Requirements for Protection
[1] Patents
[2] Copyrights
[3] Semiconductor Chip Protection
[4] Trade Secrets
[5] Trademarks and Related Property
§ 1.06 Procedure for Protection
[1] Patents
[2] Copyrights
[3] Mask Works
[4] Trade Secrets
[5] Trademarks and Related Property
§ 1.07 Infringement
[1] Infringing Activities
[2] Standards of Infringement
§ 1.08 Two Paradigms of Intellectual Property Law
[1] The Constitutional Paradigm: “Strong” Protection for a Limited Time
[2] The Interstate Commerce Paradigm: “Weak” Protection for Potentially Unlimited Time
[3] Federal Preemption
§ 1.09 International Protection of Intellectual Property
[1] Territoriality
[2] Treaties and International Conventions
[3] Effects and Problems of International Conventions
§ 1.10 Intellectual Property as Collateral
[1] Security Interests in Trademarks
[2] Security Interests in Copyrights
[3] Security Interests in Patents

CHAPTER 1A
The TRIPS Agreement and the GATT Uruguay Round

§ 1A.01 Introduction: The Importance of the Uruguay Round Agreements
§ 1A.02 Impact of the Uruguay Round Agreements
[1] The GATT 1947 and the GATT 1994
[2] Breakthroughs of the Uruguay Round Agreements
§ 1A.03 The Uruguay Round Agreements and the World Trade Organization
[1] The World Trade Organization (WTO)
[2] The Multilateral Trade Agreements (Including the TRIPS Agreement)
[3] The Plurilateral Trade Agreements
§ 1A.04 Effect of the Uruguay Round Agreements on Domestic Law
§ 1A.05 Effective Date of the WTO and TRIPS Agreements and Transition Rules
[1] Entry into Force
[2] Transition Rules
[3] Table of Transition Rules
§ 1A.06 Substantive Requirements of the TRIPS Agreement
[1] General Requirements
[2] Specific Requirements for Patents
[3] Specific Requirements for “Undisclosed Information” (Trade Secrets)
[4] Specific Requirements for Copyrights
[5] Specific Requirements for Semiconductor Chip Protection
[6] Specific Requirements for Trademark Protection
[7] Specific Requirements for Geographical Indications
[8] Specific Requirements for Industrial Designs
[9] Protection of Existing Matter
§ 1A.07 Remedial Requirements of the TRIPS Agreement
[1] Mandatory Remedies
[2] Optional Remedies
[3] The “Escape Clause”
§ 1A.08 Requirements for Legal and Administrative Procedure
[1] General Requirements
[2] Rights of Appeal
[3] Transparency
§ 1A.09 Conforming Changes in United States Law
[1] Legislative Changes Under the Uruguay Round Agreements Act
[2] Changes Not Made

CHAPTER 2
Obtaining Patent Rights

§ 2.01 Introduction
§ 2.02 Patentable Subject Matter—Types of Patents
[1] Utility Patents
[2] Design Patents
[3] Plant Patents
§ 2.03 Problematic Subject Matter
[1] Introduction
[2] Fundamental Scientific Principles and Natural Phenomena
[3] Mathematical Formulas and Algorithms
[4] Business Ideas
[5] The Limited Exception for Medical and Surgical Procedures
§ 2.04 The Novelty Requirement
[1] The First-to-Invent Rule (1952 Act) and First-to-File Rule (2011 Act)
[2] The One-Year Statutory Bar
[3] Priority of Invention
[4] Other Aspects of the Novelty Requirement
[5] Novelty under the 2011 Act’s Unified First-to-File Rules
§ 2.05 The Utility Requirement
§ 2.06 The Nonobviousness Requirement
[1] The Three-Part Test for Nonobviousness
[2] Objective Factors or “Secondary Considerations”
[3] “Combination” Patents
[4] Novelty and Nonobviousness: The Synergy of Sections 102 and 103
[5] “Obvious to Try”: A Bogus Standard
[6] The Federal Circuit’s “Suggestion” Test
[7] New Uses for Old Products and Processes
§ 2.07 Patent Disclosure Requirements: Enablement, Definiteness, Best Mode

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