substantial similarity in copyright law may 2016 edition intellectual property law library practising law institute

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Substantial Similarity In Copyright Law

Author : Robert C. Osterberg
ISBN : 1402403410
Genre : Law
File Size : 81. 48 MB
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Substantial Similarity in Copyright Law lucidly examines the principal substantial similarity tests used by the various circuit courts to assess whether the copying of specific subject matter is sufficient to support a conclusion of copyright infringement.

Copyright Law

Author : Bruce P. Keller
ISBN : 1402423144
Genre : Law
File Size : 43. 1 MB
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Written by two nationally recognized lawyers who have litigated major copyright cases in today s digital age, Copyright Law, Second Edition helps you to: understand the scope of copyright owners exclusive rights prove copyright infringement and obtain appropriate remedies renew, restore, and recapture copyrights know when Internet-related activities constitute copyright infringement"

Trademark Law

Author : Siegrun D. Kane
ISBN : STANFORD:36105060709917
Genre : Law
File Size : 45. 81 MB
Format : PDF, Kindle
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This all-new Fourth Edition of the benchmark one-volume guide to trademark law is marked by extensive new coverage, including vital analysis of: New trade dress case law interpreting the doctrine of utilitarian functionality in the wake of the Supreme Courts TrafFix decision. New issues before the Supreme Court regarding dilution protection under the Federal Trademark Dilution Act New Internet cases on jurisdiction and the effect of UDRP arbitration decisions on federal litigation. New case law under the recently revised Federal Rules of Evidence. Plus updated material on gray market goods and attorney/client and work product privileges, new tips on reaching settlement agreements, and the latest changes to the T.M.E.P. Filled with dozens of forms, documents, checklists, and color exhibits, Trademark Law provides you with all the field-tested, step-by-step guidance you need to select, search, use, reinforce, renew, defend, and expand trademarks. Comprehensive enough to serve new and experienced practitioners on both sides of trademark disputes.

Understanding Intellectual Property Law 2015

Author : Donald S. Chisum
ISBN : 9781632809643
Genre : Law
File Size : 60. 70 MB
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Understanding Intellectual Property Law, Third 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 The eBook versions of this title feature links to Lexis Advance for further legal research options.

The Enforcement Of Intellectual Property Rights

Author : Louis Tc Harms
ISBN : 9280522493
Genre : Law
File Size : 20. 41 MB
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With this publication, WIPO and the author aim at making available for judges, lawyers and law enforcement officials a valuable tool for the handling of intellectual property cases. To that effect, the case book uses carefully selected court decisions drawn from various countries with either civil or common law traditions. The extracts from the decisions and accompanying comments illustrate the different areas of intellectual property law, with an emphasis on matters that typically arise in connection with the enforcement of intellectual property rights in civil and as well as criminal proceedings.

Copyright In A Global Information Economy

Author : Julie E. Cohen
ISBN : 9781454863274
Genre : Law
File Size : 88. 21 MB
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Copyright in a Global Information Economy explores the full range of copyright law and its relationship to technological innovations and globalization. Written with precision and clarity, this ambitious yet manageable casebook elucidates the fundamental disputes of copyright law with incisive and balanced perspective. The book features comprehensive coverage of domestic and international copyright law, a balanced treatment of controversial issues, as well as a wide selection of concisely edited cases, engaging and practical examples and discussions, and photographs that facilitate and stimulate discussion of cases. Key Features of the New Edition Reorganization of materials on the copyright owner’s exclusive rights New section on copyright due diligence, licensing, and litigation Updated, streamlined notes and questions Practice exercises designed to engage students from a variety of perspectives including advocacy, client counseling, and legislative Drafting

The Internet And The Emerging Importance Of New Forms Of Intellectual Property

Author : Susy Frankel
ISBN : 9041167897
Genre : Law
File Size : 79. 9 MB
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Information Law Series Volume 37 The Internet and the Emerging Importance of New Forms of Intellectual Property scrutinizes the existence of commonalities in the realm of intellectual property (IP) rights. The term 'intellectual property' has come to include numerous intangible rights beyond the traditional 'Big Three' (patent, trademark and copyright) - rights that force us to reconsider and maybe also change the object and purpose of IP. Not only do these rights generally have less solid normative footing and few, if any, well-understood inherent limits, but the borders of their misappropriation are hard to draw as well. This book poses the question of what risks and advantages accrue to such IP or 'IP-like' rights. What's in this book: Sixteen distinguished contributors offer in-depth analyses of such rights as the following: trade secrets; image and publicity rights; geographical indications; traditional knowledge; protection of databases; and sports rights and ambush marketing. Recommendations and solutions put forth in the book include the use of specialized courts or judges and of private standards, and these suggestions help in moving towards a synthesis of the legal status for 'new' forms of IP rights. There are also thoughtful considerations of practices such as forum-shifting and an analysis of the special value of evolving Chinese law as a 'norm laboratory'. Two final chapters discuss the complexities of enforcement which impacts substantive IP and can be said to be its own 'form' of IP. How will this help you: Being a groundbreaking work on the new forms of IP rights, this book clarifies the legal status of 'new' forms of IP and provides a systematic analysis of how IP law applies to intangible rights beyond patent, trademark, and copyright. The book serves as a useful springboard to litigators and judges for adjudicating IP cases arising from Internet use. Practitioners, judges, and policymakers will all welcome this work. Its contributors collectively take a giant step toward clarifying and synthesizing one of the most baffling areas of current law both internationally and at national level around the globe.

Wipo Intellectual Property Handbook

Author :
ISBN : 9280512919
Genre : Conflict of laws
File Size : 60. 21 MB
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The Copyright Pentalogy

Author : Michael Geist
ISBN : 9780776620848
Genre : Law
File Size : 81. 17 MB
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In the summer of 2012, the Supreme Court of Canada issued rulings on five copyright cases in a single day. The cases represent a seismic shift in Canadian copyright law, with the Court providing an unequivocal affirmation that copyright exceptions such as fair dealing should be treated as users’ rights, while emphasizing the need for a technology neutral approach to copyright law. The Court’s decisions, which were quickly dubbed the “copyright pentalogy,” included no fees for song previews on services such as iTunes, no additional payment for music included in downloaded video games, and that copying materials for instructional purposes may qualify as fair dealing. The Canadian copyright community soon looked beyond the cases and their litigants and began to debate the larger implications of the decisions. Several issues quickly emerged. This book represents an effort by some of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. The diversity of contributors ensures an equally diverse view on these five cases, contributions are grouped into five parts. Part 1 features three chapters on the standard of review in the courts. Part 2 examines the fair dealing implications of the copyright pentalogy, with five chapters on the evolution of fair dealing and its likely interpretation in the years ahead. Part 3 contains two chapters on technological neutrality, which the Court established as a foundational principle of copyright law. The scope of copyright is assessed in Part 4 with two chapters that canvas the exclusive rights under the copyright and the establishment of new “right” associated with user-generated content. Part 5 features two chapters on copyright collective management and its future in the aftermath of the Court’s decisions. This volume represents the first comprehensive scholarly analysis of the five rulings. Edited by Professor Michael Geist, the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, the volume includes contributions from experts across Canada. This indispensable volume identifies the key aspects of the Court's decisions and considers the implications for the future of copyright law in Canada.

Privacy On The Ground

Author : Kenneth A. Bamberger
ISBN : 9780262331357
Genre : Law
File Size : 84. 64 MB
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Barely a week goes by without a new privacy revelation or scandal. Whether by hackers or spy agencies or social networks, violations of our personal information have shaken entire industries, corroded relations among nations, and bred distrust between democratic governments and their citizens. Polls reflect this concern, and show majorities for more, broader, and stricter regulation -- to put more laws "on the books." But there was scant evidence of how well tighter regulation actually worked "on the ground" in changing corporate (or government) behavior -- until now. This intensive five-nation study goes inside corporations to examine how the people charged with protecting privacy actually do their work, and what kinds of regulation effectively shape their behavior. And the research yields a surprising result. The countries with more ambiguous regulation -- Germany and the United States -- had the strongest corporate privacy management practices, despite very different cultural and legal environments. The more rule-bound countries -- like France and Spain -- trended instead toward compliance processes, not embedded privacy practices. At a crucial time, when Big Data and the Internet of Things are snowballing, Privacy on the Ground helpfully searches out the best practices by corporations, provides guidance to policymakers, and offers important lessons for everyone concerned with privacy, now and in the future.

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