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Long and D'Amato's A Casebook in International Intellectual Property

By Doris Estelle Long, Anthony D'Amato

ISBN-13: 9780314230768

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Series: American Casebook Series

Brand: West Law School

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Description

New coursebook begins with overview of copyright, patents, trademarks and trade secrets under U.S. law, then looks at rapidly developing treaty regimes, reciprocal international legislation, and international cases. International intellectual property law is largely a matter of: treaty regimes, reciprocal international legislation for protection of literary and artistic works and scientific invention, and ownership issues coming up in many countries as the global market accommodates the rights of authors and inventors. Presents selected cases illustrating these issues; a companion, ''Controversies'', involves facts, issues, arguments, and decisions reached by either non–judicial bodies such as legislatures or by out–of-court settlement.

Features

Documents Supplement available
In-Depth Topics: Facing the Technology Challenge and The European Union
User–friendly
Website (http://www.long–damato.mwu.edu) available for updates of documents, cases, and lead articles to the new course book

Summary Of Contents

Preface and Acknowledgments
Table of Cases
International Intellectual Property Coursebook: Introduction: A Trip Begins
Part I. A Window on the World: U.S. Intellectual Property Law
1. What Does the Term "International Intellectual Property'' Mean?
2. What Is "Intellectual Property" Under U.S. Law?
  Chapter
1. Copyrights
  1. What Are the Statutory Requirements for Copyright Protection Under U.S. Law?
  2. What Are the Limits of Copyright Protection Under U.S. Law?
2. Patents: An Overview
  1. What Are the Statutory Requirements for Patent Protection Under U.S. Law?
  2. What Types of Inventions May Qualify for Patent Protection?
3. Trademarks
  1. What Is Required to Obtain Trademark Rights Under U.S. Law?
  2. What Are the Limits of Trademark Protection?
4. Trade Secrets: an Overview
  1. What Are the Requirements for Trade Secret Protection Under U.S. Law?
Part II. The World
1. Present Problems and Future Disputes
  1. What Are the Problems in Protecting "Intellectual Property" in Today's Multicultural World?
Part III. Sources and Policies of International Intellectual Property Law
1. General Introduction
  1. Where Do We "Find" International Intellectual Property Law?
  2. Does Intellectual Property Favor the "Have" Nations?
2. Copyrights Under International Law
  1. What Works Should Qualify for International Copyright Protection?
  2. Art or Industry: What Are the Limits of Copyright Protection?
  3. What Impact Does Technology Have on Originality?
3. Patents Under International Law
  1. What Inventions Should Qualify for International Patent Protection?
  2. The Goals of International Protection: Encouraging the Progress of Science or Manufacture?
  3. What Is a "Worthy" Invention?
4. The Interface Between Copyright and Patents Under International Law
  1. Should Copyright Be Used to Protect Computer Software?
  2. Where Is the Boundary Between Patentable "Ideas" and Copyrightable "Expression"?
5. Trademarks Under International Law
  1. When Does a Product Name Become Property?
  2. What Are the Values Represented by a Trademark?
  3. Where Do You Draw the Line Between Patentable Inventions and Trademarkable Designs?
6. Trade Secrets Under International Law
  1. The Nature of Trade Secrets: When Should Secrecy Be Encouraged?
  2. What Must an Owner Do to Protect Its "Secrets"?
  3. Where Should We Draw the Line Between Encouraging Secrecy and Permitting Unfettered Competition?
Part IV. The Trip to TRIPS
1. Treaty Regimes
  1. When Are Treaty Regimes A Useful Solution To International Problems?
  2. Can Protection Based On "National Treatment" Under Domestic Laws Resolve The Global Piracy Problem?
  3. Are There Steps Beyond National Treatment That Can Resolve International Problems?
2. Copyright Under the Berne Convention
  1. How Did The Berne Convention "Internationalize" Copyright?
  2. What Fair Use Exceptions Should Be Granted For Copyrighted Works Under International Laws?
3. Patents Under the Paris Convention
  1. Did the Paris Convention Provide a Workable Solution to the International Patenting Dilemma?
4. Trademarks Under the Paris Convention
  1. Did the Paris Convention Resolve the Problems of International Protection for Trademarks?
  2. What Is the Standard for Trademark Protection: Likely Confusion or Association?
  3. Should a Famous Mark Be Subject to Special International Protection?
5. Trade Secrets Under the Paris Convention
  1. Are Trade Secrets Protectable Under IP Treaty Regimes?
  2. Whither Intellectual Property?
Part V. A Trip Through TRIPS
1. The Philosophy of TRIPS
  1. TRIPS–Gap Filler, Great Leap Forward, or Just Another Set of Problems?
  2. Has Trips Established A Strictly Private Rights Regime?
  3. Does Trips Merely Incorporate Prior Standards Or Does It Establish New Ones?
2. Copyright Under TRIPS
  1. Did TRIPS Bring Copyright Protection Under Berne Up to Date?
3. Patents Under TRIPS
  1. Did Patent Protection Under TRIPS Fill All The Gaps In Treatment?
  2. Did TRIPS Clarify The Rights Exercised By Patent Owners Internationally?
4. Trademarks Under TRIPS
  1. Did TRIPS Fill In The Gaps For Trademark Protection Under Paris?
  2. Did TRIPS Clarify The Rights Exercised By Trademark Owners Internationally?
  3. Has TRIPS Clarified The Protection For Famous Marks?
5. Trade Secrets Under TRIPS
  1. Has TRIPS Established a Workable Regime for Trade Secret Protection?
6. Enforcement Under TRIPS
  1. Has TRIPS Given The WTO The Power To Enforce International Will?
  2. Are Equitable Procedures Assured Under Trips?
  3. Does Trips Establish An Effective Mechanism For Assuring Compliance With Treaty Obligations?
  4. Is Trips The "Final Word" For International Standards For Protecting Intellectual Property Rights?
Part VI. Registration, Use and the Process for Formal Protection of Rights
1. Copyrights Under International Law
  1. What Are the Formal Requirements for Obtaining International Copyright Protection?
2. Patents Under International Law: The First to File Controversy
  1. What Are the Formal Requirements for Obtaining Patent Protection Internationally?
  2. What Procedures Are Required Under the Patent Cooperation Treaty?
  3. What Are the Procedures for Registering an Invention Under the European Patent Convention?
  4. What International Registration Problems Are Caused by the U.S. Best Mode Requirement?
  5. What Special Problems Are Posed by Differing "Registration" Requirements?
3. Trademarks Under International Law
  1. What Are the Formal Requirements for Obtaining International Trademark Protection?
4. Trade Secrets Under International Law
  1. What Formalities Are Required to Protect Trade Secrets Internationally?
Part VII. Can Fame Alone Create Rights?
1. Famous Trademarks
  1. What Special Protection Exists for a Famous Mark?
  2. How Does a Mark Become "Famous"?
2. Enforcement
  1. How Broad Is the Scope of Protection Afforded a Famous Mark?
  2. Does Fame Make Confusion Irrelevant?
  3. Can Fame Give a Party Property Rights Beyond Those Granted Under Traditional Intellectual Property Law Doctrines?
Part VIII. International Enforcement and Remedies
1. Overview
  1. If Laws Exist, Can Enforcement Be Far Behind?
  2. Is the Enforcement of Intellectual Property Rights Solely to Benefit Developed Countries?
  3. Can Intellectual Property Rights Be Enforced Without Adopting "Western" Legal Values?
2. Civil Procedures Under International Law
  1. What Are Minimum Requirements for Civil Enforcement of Intellectual Property Rights Internationally?
  2. Do Minimum Enforcement Standards Under Trips Guarantee Minimum Infringement Standards?
  3. What Remedies Must Be Available Internationally?
  4. Does "Prompt Relief" Include the Right to Ex Parte Relief?
  5. What Safeguards Must the Defendant Receive Under International Law?
  6. What Additional Enforcement Measures Must Be Used to Prohibit Counterfeiting and Piracy?
  7. What Role Does Education and Self-Help Play in Protecting Intellectual Property Rights Internationally?
3. Bilateral Enforcement Efforts
  1. What Role Do Bilateral Efforts Play in Resolving International IP Disputes?
Part IX. Government "Takings" and Other State-Based Controls
1. Compulsory Licenses
  1. Can Domestic Governments Compel the Exploitation of an Intellectual Property Right?
  2. What Are the Problems in Administering a Compulsory Licensing Scheme?
2. Copyrights and Fair Use
  1. What Qualifies as a "Fair Use''?
3. Trademarks
  1. Why Limitations May Be Placed on International Trademark Licenses
4. "Property'' Revisited
  1. When Do Unprotected Expressions Qualify as Protected Property?
Part X. In-Depth Topics: Facing the Technology Challenge
1. The Internet
  1. Who has the Right to Control the Content of Works on the Internet?
  2. How Should Control Be Exercised?
  3. How Should Domain Names Be Allocated?
  4. Whose Laws Determine Internet Control?
2. Computer Software and Internet Business Methods
  1. Is Computer Software Analogous to a Patented Machine, A Copyrighted Literary Work or an Unprotected Idea?
  2. Does the Special Nature of Software Require Specialized Treatment?
3. Future Technology Problems
  1. Do Databases Require Sui Generis Protection?
Part XI. In-Depth Topic: The European Union
1. Introduction
  1. Does the European Union Require Identical Treatment of Intellectual Property Rights Throughout the Union?
  2. When does Domestic Law Govern Intellectual Property Issues in the European Union?
2. Regulating IP-Protected Goods in the EU
  1. Who Has The Right To Control The Protection/Distribution Of Copyrighted Works In The EU?
  2. Who Has the Right to Control the Protection/Distribution of Patented Goods in the EU?
  3. Who Has the Right to Control the Protection/Distribution Trademarked Goods in the EC?
  4. Are Intellectual Property Rights Exhausted Upon a Sale Anywhere in the World?
Part XII. The Impact of Cultural Rights on Intellectual Property
1. Introduction
  1. What Role Do Communal Rights Have In International Intellectual Property Law Disputes?
2. Applications
  1. Should Folklore and Other Aspects of Traditional Culture Be Protectable Under International Intellectual Property Regimes?
  2. What Protection Is Available Under International Intellectual Property Law for Flora, Fauna and Medical Cures?
  3. Can Native Culture Be Protected From De-Culturizing Uses Under Intellectual Property Laws?
  4. Who Has The Right to Control the Protection of Works That Constitute the Common Heritage of Mankind?
Index