Intellectual Property Law and Policy Volume 12

ISBN-13: 9781849460576 / Angielski / Twarda / 2013 / 754 str.

Opis

The Intellectual Property Law and Policy series collects the presentations and discussions from the annual Fordham Intellectual Property Law & Policy Conference. The contributions - by leading world experts - analyze the most pressing issues in copyright law, trademark law, and patent law, as seen from the perspectives of the US, the EU, Asia, and World Intellectual Property Organization. This volume, in common with its predecessors, makes a valuable and lasting contribution to the discourse in intellectual property law, as well as trade law and competition law. The contents, while always informative, are also critical and questioning of new developments and policy concerns. (Series: Intellectual Property Law and Policy - Vol. 12)

Spis treści

I. IP Policy and The European Union II. The Judiciary and IP Policy Part A: Europe Part B: United States III. Corporations & IP: General Counsel Roundtable IV. Patent Law Part A: An Overview of U.S. Patent Law Developments Part B: Patent Law Developments in Japan Part C: Cross-Border Patent Infringement: A Comparative Analysis Part D: Work Sharing: Patent Offices: IP5 Group (Consisting of USPTO, JPO, SIPO, KIPO and EPO) Strategy for Work Sharing and Related Foundation Projects Part E: Obviousness/Inventive Step Part F: Subject Matter: "Intangible" Patents—Business Methods, Software, "Soft" Patents, Second Medical Uses Part G: The Interface Between Biotech & IP: When Does Discovery Become an Invention? Donald Pfaff & Sandra Sherman, "A Scientist's View of the Timing of Applications for Patents" Part H: Injunctive Relief: A Comparative Analysis Part I: A New "Fair Use" Doctrine for Patents? Part J: Acquisition of Evidence & Expert Witnesses: Comparative Damages Part K: Monetization of Patent and Other IP Rights V. Copyright Law Part A: Infringement & Remedies (ISP Participation; Temporary Reproduction (Cablevision case), Making Available Right, Data Privacy) Part B: Information Society Directive, Secondary Liability, DRM, Private Copy Levies, & Copyright Territoriality Part C: Rethinking Exceptions and Limitations: To What Extent Is Re-evaluation Warranted? Permitted Under Treaties? Realistic? What Effect, If Any, Will the Google Book Settlement Have on Present Norms for Exceptions and Limitations? Part D: Music Distribution, Collecting Societies; DG Comp CISAC Inquiry Part E: Creativity and the Internet: Are We Building a Sustainable Ecosystem? VI. Trademark Law Part A: EU Trademark Law Developments Dev Gangjee , Non-Conventional Trademarks: The Shape of Things to Come Part B: Dilution Actions: Dying or Growth Industry? Part C: Trademarks and the Internet: "Use," E-Commerce, Ad Words, eBay, UDRP, ICANN, and new Registrars Part D: Right of Publicity/Privacy: Comparative Developments Part E: Industrial Designs, Fashion, Ornamental Patents Part F: Trademarks & Free Speech VII. Trade Law Part A: Multilateral and Bilateral Relations Part B: Enforcement and Counterfeiting: IP's Drug War: Can it Be Won? What is the Enforcement Role for WIPO? ACTA: What is it and What Should Be its Role? Part C: Trade Policy and IP Rights: The Road Ahead; Development Agenda Part D: United States v. China in the WTO VIII. Competition Law Part A: United States and Antitrust; FTC Agenda; Patent Misuse & Antitrust Part B: DG Comp Pharma Inquiry: The Implications for Innovation David Rosenberg, "The DG Comp PHARMA Inquiry: A View from the Research-based Industry" Part C: Policy Interplay Between IP Rights and Antitrust/Competition Law: How Do We Get It Right? Part D: Standard Setting