Landmark Cases In Intellectual Property Law
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Landmark Cases In Intellectual Property Law
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Author : Jose Bellido
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-09-07
Landmark Cases In Intellectual Property Law written by Jose Bellido and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-07 with Law categories.
This volume explores the nature of intellectual property law by looking at particular disputes. All the cases gathered here aim to show the versatile and unstable character of a discipline still searching for landmarks. Each contribution offers an opportunity to raise questions about the narratives that have shaped the discipline throughout its short but profound history. The volume begins by revisiting patent litigation to consider the impact of the Statute of Monopolies (1624). It continues looking at different controversies to describe how the existence of an author's right in literary property was a plausible basis for legal argument, even though no statute expressly mentioned authors' rights before the Statute of Anne (1710). The collection also explores different moments of historical significance for intellectual property law: the first trade mark injunctions; the difficulties the law faced when protecting maps; and the origins of originality in copyright law. Similarly, it considers the different ways of interpreting patent claims in the late nineteenth and twentieth century; the impact of seminal cases on passing off and the law of confidentiality; and more generally, the construction of intellectual property law and its branches in their interaction with new technologies and marketing developments. It is essential reading for anyone interested in the development of intellectual property law.
Landmark Intellectual Property Cases And Their Legacy
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Author : Christopher Heath
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
Landmark Intellectual Property Cases And Their Legacy written by Christopher Heath 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 2011-01-01 with Law categories.
This is a book dedicated to the significance and legacy of landmark cases in the field of intellectual property. Eleven well-known scholars offer in-depth commentary and analysis of cases that have made an impact on legal theory or critical thinking about the scope and purpose of the protection of intellectual and industrial creativity. All the cases covered have proven useful in developing doctrine, even though subsequent developments have made some appear andmisleadingand rather than andleadingand, and for some recent cases it is too early to say whether their approach will become mainstream. Among the fundamental questions and all profoundly interesting, and to which no definite answers have yet been found and arising in the course of the analysis are the following: and Who should be master over the reputation, esteem and legacy of authors and their works and authors and their heirs, or subsequent copyright owners? and What, if any, protection should be granted to achievements in the absence of confusion? and Should prevention of unfair competition allow one to andreap what one has not sownand? and Should we protect commercial investment beyond the scope of defined intellectual property rights? and Should it be considered a tort to use a well-known mark in a way that may dilute its repute and distinctive character? and What kinds of monopolies should be protected, if any? and Does the patent system in its current form allow us to question the assumption that technological progress is good per se, and that novel and inventive solutions should thus be protected? and Should extraneous considerations such as public good and social usefulness be considered at the stages of grant and enforcement of patent rights? and Should we grant patents over living organisms whose workings and reproduction are a long way from being completely understood? and Should the rules developed for the enforcement of property rights limit a patenteeands remedies to appropriate damages, thereby effectively granting a compulsory licence? The book concludes with an analysis of two case clusters remarkable for the worldwide dimension of the dispute. The authors show how litigation over Lego in about 30 jurisdictions and Budweiser in over 40 jurisdictions has enriched doctrine on such issues as contract, trade marks, trade names, geographical indications, property rights in general, human rights, and various international and bilateral treaties, all as they impinge on the protection of intellectual property rights. For scholars in the field, as well as for lawyers seeking a rich vein of doctrine to buttress a case, this unusual book will be of incomparable value. As a masterful clarification of salient doctrine, it represents a major contribution to the legal theory underpinning intellectual property law.
China Court Cases On Intellectual Property Rights
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Author : ??
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
China Court Cases On Intellectual Property Rights written by ?? 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 2011-01-01 with Law categories.
This book presents, in extraordinary detail, sixteen landmark cases that profoundly affect the protection of intellectual property rights in China. Written by six prominent Chinese legal scholars and jurists - including judges who themselves participated in these decisions - each case is fully described and analysed: the parties and their representatives, the basic facts, the facts ascertained by the court, the evidence presented by plaintiffs and defendants, the judges' opinions with their arguments and reasoning, the unanimous conclusions, and the judgment, along with a wealth of deeply informed comment. Among the questions raised by these cases are the following: Is a website within the definition of a 'work' in copyright law, and thus protected? How should the acts of uploading and downloading of works from the Internet be classified? Can the concept of torts be applied in the Internet context? What is the legal liability of an Internet service provider? How is a defendant's 'unreasonable conduct' to be determined? Who is responsible for the determination of 'artistic value' - e.g., of clothing designs? What evidence must be presented to serve as sufficient proof that a domain name is a party's own creation? In what a manner should packaging and decoration be regarded? How should the 'author' in copyright conflict cases be identified? How should an unauthorized web link be judged? When do separate components assembled to create a product enjoy copyright protection? How should damages be determined? An introductory essay provides a detailed overview of the characteristics of China's intellectual property law as it continues to develop, with attention to such factors as the specific laws enacted, the various courts and tribunals to which IP cases are assigned, the progress of a case, starting from filing to winding up, regulations, reform programs, and rules of evidence. The editor puts forward his own proposals - particularly in light of the so-called 'interfering factors' - on reform of civil trial style in intellectual property cases. It is difficult to overstate the value of this book to anyone involved in business dealings in China. With its authoritative expertise, abundant detail, and thorough elucidation of the salient features of developing IP law and practice in China, it will serve interested parties for years to come.
Landmark Cases In Property Law
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Author : Simon Douglas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-06-25
Landmark Cases In Property Law written by Simon Douglas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-25 with Law categories.
Landmark Cases in Property Law explores the development of basic principles of property law in leading cases. Each chapter considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence – How are property rights acquired? What is the content of property rights? What are the limits or boundaries of property? How are property rights extinguished? Individually and collectively, the chapters identify a number of important themes for the doctrinal development of property institutions and their broader justification. These themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of Roman legal reasoning on the common law of property. One or more of these themes (and others) is revealed through careful case analysis in each chapter, and they are collected and critically explored in the editors' introductions. This makes for a coherent and provocative collection, and ensures that Landmark Cases in Property Law will be lively and essential reading for scholars, practitioners, and all those interested in the development of property principles at law.
Annoted Landmark International Intellectual Property Cases In China 2021 2022
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Author : Handong Wu
language : en
Publisher: L'Erma
Release Date : 2023-12-31
Annoted Landmark International Intellectual Property Cases In China 2021 2022 written by Handong Wu and has been published by L'Erma this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-31 with Law categories.
This book features the latest international intellectual property cases in China, covering a wide field including copyright, trademarks, trade secrets, unfair competition and etc. Focusing on "typicality", the cutting-edge of disputes, the technicality of trials, and the impact of the cases are taken as criteria to select twelve landmark cases that are the best representative of China's international IPR trials. In the meantime, "theoreticality" is not neglected in this case-based book. Relevant literature review and case review are added as supplement in each case. Twelve important scholars from seven top law schools are invited to conduct academic commentaries on the cases, summarizing the judicial rules and exploring the respective academic value in depth. With the combination of judicial and theoretical perspectives, this book could serve as a practical handbook for intellectual property case studies in China.
Intellectual Property Stories
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Author : Jane C. Ginsburg
language : en
Publisher:
Release Date : 2006
Intellectual Property Stories written by Jane C. Ginsburg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
This book brings famous cases to life by telling the true, never-heard-before stories behind landmark Intellectual Property cases. It is organized into six chapters, each drawing on cases in patents, copyrights, trademarks, or unfair competition, to illustrate the problems encountered in intellectual property law. The works, inventions, and marks at issue in these cases vary widely.
Landmark Copyright Cases In China
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Author : Luo Dongchuan
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-11-20
Landmark Copyright Cases In China written by Luo Dongchuan 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 2018-11-20 with Law categories.
With China’s third major amendment of its Copyright Law now well underway, the international significance of China’s handling of copyright matters comes into clearer focus. This book, an English translation of Chief Judge Luo Dongchuan’s recent selection and detailed analysis of twenty-five landmark copyright cases decided by the Chinese courts in the past few years, provides an in-depth understanding of the fundamental theories of copyright as interpreted in current Chinese jurisprudence and of the sophisticated balance of interests among copyright owners, communicators of works and the public domain in China. Following a comprehensive introductory chapter on the Chinese copyright system, both administrative and judicial, the presentation proceeds with annotated English texts of cases that determine the nature of a copyrightable work and elaborate on how copyright may be infringed under Chinese law. The subject matter of the cases includes such typical internationally important elements as the following: • architectural works; • sport; • music videos; • typeface libraries; • technical standards; • expressions of folklore; • Internet TV; • liability of service providers; • online rebroadcast; • revision of computer software; and • layout designs of integrated circuits. In addition to the texts and Dr. Luo’s analyses, each case study includes comments from the exact judge of the particular case offering the reasoning for the decision. The value of this book to non-Chinese enterprises and individuals with Chinese connections or prospects is immeasurable. There are no peers for this book. Every professional, official, policymaker or academic interested in international copyright will welcome its prodigious first-hand communication about one of the most crucial aspects of global trade relations.
Cases And Materials In Intellectual Property Law
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Author : David I. Bainbridge
language : en
Publisher: Longman Publishing Group
Release Date : 1999
Cases And Materials In Intellectual Property Law written by David I. Bainbridge and has been published by Longman Publishing Group this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
David Bainbridge presents a wide-ranging collection of cases and materials relating to the rapidly expanding area of intellectual property. The book is intended to be used in conjunction with the author's textbook, Intellectual Property.
Annotated Leading Trademark Cases In Major Asian Jurisdictions
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Author : Kung-Chung Liu
language : en
Publisher: Routledge
Release Date : 2019-10-08
Annotated Leading Trademark Cases In Major Asian Jurisdictions written by Kung-Chung Liu and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-08 with Law categories.
There has been little or no study on trademark laws in Asia on a cross-jurisdictional level. This book aims at filling the existing gap and provides a comprehensive overview of trademark laws of eight major Asian jurisdictions and their most-updated trademark case law. The book analyses six of the principal issues that best reflect Asian features in trademark law and trademark development. The cases in the book are principally the most authoritative decisions, usually the first to deal with certain new emerging issues, or the first to apply particular statutory provisions in the respective jurisdiction. Also included are a small number of direction-changing, outlying or even controversial decisions. Each case report is divided into six sections: summary, legal context, facts, reasoning of the court, legal analysis, and commercial or industrial significance. Readers will find this book useful in both its overview of the legal context and how those cases are to be interpreted legally and commercially.
Annotated Leading Patent Cases In Major Asian Jurisdictions
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Author : Kung-Chung LIU
language : en
Publisher: City University of HK Press
Release Date : 2017-06-06
Annotated Leading Patent Cases In Major Asian Jurisdictions written by Kung-Chung LIU and has been published by City University of HK Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-06 with categories.
The first of its kind, this book presents a comprehensive collection of leading patent cases from nine major Asian jurisdictions which are analyzed by eminent scholars and legal practitioners from Asia, Germany, and the United States. It contains thirty case reports covering six topics which best reflect the current trends in Asia in patent law, namely specialized IP court (or division), compulsory licensing, the intersection between patent law and competition law, injunction, damages, and choice of jurisdiction and law in cross-border patent litigation. Each case report explores a landmark case by deconstructing the legal background and the legal reasoning of the decisions, and then discussing the commercial and/or industrial ramifications. The present volume is a useful guide for practitioners, lawyers, and judges alike, a primer for students and businessmen entering the IP world, and a reminder for policymakers, both within Asia and further afield.