Intellectual Property Protection Of Fact Based Works
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Intellectual Property Protection Of Fact Based Works
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Author : Robert Brauneis
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009-01-01
Intellectual Property Protection Of Fact Based Works written by Robert Brauneis and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
The 1991 US Supreme Court decision in Feist Publications Inc. v. Rural Telephone Service Co. held that factual matter is not subject to copyright protection because it is not original to the author, thus dramatically rejecting a two-century-old tradition of protecting factual compilations under copyright. The contributors to this book reassess this decision and its implications, particularly for the protection of electronic databases. The debate over fact-based works has grown still more complicated since Feist with the enactment of worldwide initiatives that extend the protection of databases, such as the European Union s Database Directive. A number of legal scholars have voiced their opinions on how Congress should react to the Court s decision and the Database Directive, but none have put forth a viable solution or questioned the debate s underlying assumptions. The contributors to this insightful book turn their attention to these overlooked aspects, approaching the protection of factual matter from a range of perspectives: policy, historical, comparative, empirical and philosophical. The range of viewpoints and disciplines represented in this compelling book will be of great interest to students, scholars and lawyers working in the area of intellectual property law.
Exclusive Rights
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Author : Eugene Hertzberg
language : en
Publisher: AuthorHouse
Release Date : 2011-11-30
Exclusive Rights written by Eugene Hertzberg and has been published by AuthorHouse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-30 with Law categories.
Bill Gates said, Intellectual property has the shelf life of a banana. No one can deny the fact that intellectual property and its creation, protection, and management, has become a major area of concern for individuals and companies worldwide. Unprotected intellectual property has the shelf life of a banana, or perhaps even less. Intellectual property is inherently in the public domain, unless the government provides legal protection. Protected intellectual property is a valuable exclusive right. This book explores the exclusive rights associated with intellectual property by highlighting issues in copyright law and orphan works, music piracy and the Recording Industry Association of America, patent law and the development of the Segway, patent licensing and litigation between Xerox Corporation and Palm Incorporated, as well as metadata and the role of intellectual property lawyers.
Sourcebook On Intellectual Property Law
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Author : Peter Groves
language : en
Publisher: Cavendish Publishing
Release Date : 1997-05
Sourcebook On Intellectual Property Law written by Peter Groves and has been published by Cavendish Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-05 with Law categories.
Comprehensive view of UK patent, trademark, copyright and design law, together with the law of confidentiality and passing off.
The Structure Of Intellectual Property Law
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Author : Annette Kur
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
The Structure Of Intellectual Property Law written by Annette Kur and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
In 2009, the Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) dedicated its yearly congress to the theme Horizontal Issues in IP Law; Uncovering the Matrix. That theme and the main concern of the so-called Intellectual Property of Transition Project have been brought together by the editors of the current book under the intriguing title The Structure of Intellectual Property Law Questioned, is whether the apparent compartmentalisation and fragmentation of actual intellectual property law can be based upon a coherent system that supports the entire field. In other words: it is questioned whether one organising principle which underlies the different parts of this domain of law can be found. Not surprisingly, the answers given by the various experts that contribute to this book tend to differ, mainly depending on their field of interest: copyright law, patent law, trademark law, the main tendency being in favour of tailoring instead of unifying both from the perspective of efficiency and that of economics. However, even more interesting than the answers to the question posed, are the stimulating and thought-provoking analyses which the book offers. This is really a book one should read if one is interested in the conjunction of the basic principles of intellectual property law and how they work out in practice. Willem Grosheide, Utrecht University, The Netherlands Today, intellectual property is a broad genus embracing various more specific species - invention patents, copyright, trade marks and so forth. Anyone concerned with how this ever-expanding grouping is developing should read the fourteen essays in this book. Written by leading scholars, they tackle not only the relationships between the species, but also those between sub-species. Originally presented as papers to the Association for Teaching and Research in IP, the writing is both subtle and full of verve. Strongly recommended. William Cornish, Cambridge University, UK This well-researched and highly topical book analyses whether the ever-increasing degree of sophistication in intellectual property law necessarily leads to fragmentation and inconsistency, or whether the common principles informing the system are sustainable enough to offer a solid and resilient framework for legal development.
Sui Generis Intellectual Property Protection
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Author : Iana Kazeeva
language : en
Publisher: Springer
Release Date : 2024-02-10
Sui Generis Intellectual Property Protection written by Iana Kazeeva and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-10 with Law categories.
The standard forms of intellectual property protection, namely, copyright, patents, trademarks and trade secrets, have a long history and are well regulated in the legislative systems of most jurisdictions. However, there are specific kinds of subject matter that, due to their characteristics, cannot be adequately protected by these standard forms of intellectual property instruments. At the same time, these categories of subject matter require legal protection in order to ensure the balance between the public's access to these creations and the creators' rights. For these reasons, many jurisdictions introduce a special form of intellectual property protection, namely, sui generis regime, i.e., intellectual property legal regime “of its own kind”, designed to serve the specific needs of a particular subject matter. This book analyzes the intellectual property protection regimes in the EU and the U.S. available for three categories of subject matter that are often considered as requiring sui generis protection, namely, databases, designs and plant varieties. One of the main objectives is to evaluate whether the chosen subject matter in fact requires sui generis intellectual property protection and whether the introduced sui generis regimes have proved to be successful over time. The final chapter of this book analyses the perspectives of sui generis intellectual property protection for works generated by AI systems. This volume offers a comprehensive analysis of sui generis intellectual property rights and will be a key source for both scholars and practitioners with an interest in intellectual property law.
Footprints Of Feist In European Database Directive
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Author : Indranath Gupta
language : en
Publisher: Springer
Release Date : 2017-05-23
Footprints Of Feist In European Database Directive written by Indranath Gupta and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-23 with Law categories.
Connected to the jurisprudence surrounding the copyrightability of a factual compilation, this book locates the footprints of the standard envisaged in a US Supreme court decision (Feist) in Europe. In particular, it observes the extent of similarity of such jurisprudence to the standard adopted and deliberated in the European Union. Many a times the reasons behind law making goes unnoticed. The compelling situations and the history existing prior to an enactment helps in understanding the balance that exists in a particular legislation. While looking at the process of enacting the Database Directive (96/9/EC), this book reflects upon the concern that was expressed with the outcome of Feist decision in Europe.
Intellectual Property And Open Source
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Author : Van Lindberg
language : en
Publisher: "O'Reilly Media, Inc."
Release Date : 2008-07-15
Intellectual Property And Open Source written by Van Lindberg and has been published by "O'Reilly Media, Inc." this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-15 with Computers categories.
"Clear, correct, and deep, this is a welcome addition to discussions of law and computing for anyone -- even lawyers!"-- Lawrence Lessig, Professor of Law at Stanford Law School and founder of the Stanford Center for Internet and Society If you work in information technology, intellectual property is central to your job -- but dealing with the complexities of the legal system can be mind-boggling. This book is for anyone who wants to understand how the legal system deals with intellectual property rights for code and other content. You'll get a clear look at intellectual property issues from a developer's point of view, including practical advice about situations you're likely to encounter. Written by an intellectual property attorney who is also a programmer, Intellectual Property and Open Source helps you understand patents, copyrights, trademarks, trade secrets, and licenses, with special focus on the issues surrounding open source development and the GPL. This book answers questions such as: How do open source and intellectual property work together? What are the most important intellectual property-related issues when starting a business or open source project? How should you handle copyright, licensing and other issues when accepting a patch from another developer? How can you pursue your own ideas while working for someone else? What parts of a patent should be reviewed to see if it applies to your work? When is your idea a trade secret? How can you reverse engineer a product without getting into trouble? What should you think about when choosing an open source license for your project? Most legal sources are too scattered, too arcane, and too hard to read. Intellectual Property and Open Source is a friendly, easy-to-follow overview of the law that programmers, system administrators, graphic designers, and many others will find essential.
Fundamentals Of United States Intellectual Property Law Copyright Patent And Trademark
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Author : Amanda Reid
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-08-10
Fundamentals Of United States Intellectual Property Law Copyright Patent And Trademark written by Amanda Reid and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-10 with Law categories.
Completely revised and updated, this sixth edition of a well-received desk reference offers in one volume a comprehensive review of United States (US) copyright, patent, and trademark laws. Like its previous editions, the book’s thorough and sophisticated treatment of this complex material escapes the cumbersome overelaboration of a multivolume treatise on the one hand and a superficial “nutshell” on the other. Maintaining the systematic structure that makes it easy for users to zero in on any particular matter, the new edition incorporates the changes that have entered into force since the fifth edition and expertly examines their effects. The three major categories of copyright, patent, and trademark are covered in turn—along with a fourth section on chip protection—with detailed but concise examination and analysis of such issues and topics as the following and much more: • subject matter of protection; • conditions of protection; • registration procedures; • scope of exclusive rights; • transfer of interests; • fair use; • rights in unregistered marks; • protection of computer software, code, and databases; • remedies and defenses; and • procedural issues in infringement actions. The authors examine significant case law, updated for this edition, in the course of their analysis. With its detailed citations and readily accessible and complete subject coverage, this latest edition is sure to retain its usefulness as a quick reference or desk book for intellectual property practitioners, in-house counsel, patent agents, academics, and librarians, as well as for anyone interested in understanding US intellectual property law.
Protecting Works Of Fact
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Author : Egbert Dommering
language : en
Publisher: Springer
Release Date : 1991-06-19
Protecting Works Of Fact written by Egbert Dommering and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-06-19 with Law categories.
Scope.
Grounds Of The Immaterial
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Author : Niels van Dijk
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-07-28
Grounds Of The Immaterial written by Niels van Dijk and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-28 with categories.
This book applies a novel conflict-based approach to the notions of ‘idea’, ‘concept’, ‘invention’ and ‘immateriality’ in the legal regime of intellectual property rights by turning to the adversarial legal practices in which they occur. In doing so, it provides extensive ethnographies of the courts and law firms, and tackles classical questions in legal doctrine about the immaterial nature of intellectual property rights from a thoroughly new perspective.