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Transnational Intellectual Property Law: A World Student Textbook


ISBN13: 9781785368240
Published: April 2018
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £187.00
Paperback edition , ISBN13 9781785368264



Despatched in 4 to 6 days.

As companies and organisations increasingly operate across national boundaries, so the incentive to understand how to acquire, deploy, and protect IP rights in multiple national jurisdictions has rapidly increased.

Transnational Intellectual Property Law meets the need for a book that introduces contemporary intellectual property as it is practiced in today’s global context. Focussing on three major IP regimes - The US, Europe and China - the unique transnational approach of this textbook will help law students and lawyers across the world understand not only how IP operates in different national contexts, but also how to coordinate IP protection across numerous national jurisdictions. International IP treaties are also covered, but in the context of an overall emphasis on transnational coordination of legal rights and strategies.

Providing detailed thematic coverage of the major IP rights, including Patents, Copyright, Trademarks, Trade Secrets and Design Protection, the book delves into the national laws and operational realities of these three jurisdictions, highlighting the issues and questions that are most frequently encountered in practice. Of special note are the many English translations of Chinese legal materials – providing the richest and most in-depth coverage of authoritative IP-related statutes, cases, and commentaries currently available to students.

The textbook draws heavily on cases and other primary sources to tease out the differences, commonalities, and ultimately, strategies for taking a global approach to IP protection. Thought-provoking questions and scenarios throughout the book will stimulate class discussion and cement understanding.

Key features:

  • Introductory problems allow students to identify and navigate the key issues
  • Clearly highlighted case extracts, questions and notes illustrate examples of crucial issues, help identify key information and point to extensive practical and scholarly commentary on important issues
  • Comparative approach with numerous references to law and business context in China, the United States and Europe allows students to place national IP in a global context
  • Expert analytical commentary on carefully selected cases guides readers on the key issues.
Engaging and comprehensive, this textbook will be essential for all IP courses that aspire to teach the global dimension of IP, and for all students whose aim is to practice IP in what is an increasingly transnational marketplace.

Subjects:
Intellectual Property Law
Contents:
Part I Introduction
1. What is “Transnational” IP Law
Part II Patent Protection
2. Introduction to Patent Law at the Transnational Level
3. Patentable Subject Matter
4. Novelty
5. Inventive Step/Non-obviousness
6. Adequate Disclosure and Enablement
7. Claim Interpretation and Infringement
8. Remedies
9. Business Aspects of Patents
Part III Copyright Protection
10. Introduction
11. Subject Matter, Originality, Authorship
12. Rights of the Copyright Owner
13. Limitations and Exceptions
14. Infringement and Remedies
15. Digital Copyright
Part IV Trademark law
16. Introduction to Trademark Protection
17. Acquisition of Trademark Rights
18. Enforcement
19. Licensing Issues: Quality Supervision, Exclusive Territories, Termination
20. Introduction
21. What Can Be Protected As a Trade Secret?
22. Reasonable Efforts to Protect Trade Secrets
23. Misappropriation
24. Remedies
Part VI Design Protection
25. Introduction
26. Subject Matter and Originality Requirements
27. Infringement
28. Defenses
29. Remedies
Index