Global Issues in Intellectual Property Law
by Cross, John T.; Landers, Amy; Mireles, Michael; Yu, PeterEdition: 1st
Format: Paperback
Pub. Date: 2010-02-11
Publisher(s): West Academic Publishing
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Summary
This book is part of the GLOBAL ISSUES SERIES. Each book in this series contains materials designed to facilitate the introduction of international, transnational and comparative law issues into basic law school courses. The goal of this series is to ensure that all law school graduates have sufficient familiarity with the growing impact of non-domestic sources of law, and the growing potential for transnational legal transactions and disputes, to function in an era of increasing globalization. In addition, introduction of international, transnational and comparative law materials can enhance the students' understanding of domestic law.
Table of Contents
| Preface | p. v |
| Acknowledgements | p. vii |
| Table of Cases | p. xxi |
| Special Cross-Border Considerations in Intellectual Property Law | p. 1 |
| The Principle of Territoriality | p. 1 |
| Subafilms, Ltd. v. MGM-Pathe Communications Co. | p. 1 |
| Notes and Questions | p. 6 |
| Choice of Law Issues | p. 8 |
| Voda v. Cordis Corp. | p. 9 |
| Notes and Questions | p. 16 |
| The Treaty Regime | p. 18 |
| Common Features of the Treaties | p. 18 |
| The Main Treaties | p. 20 |
| The Paris Convention | p. 20 |
| “Procedural” Corollaries to the Paris Convention: The Patent Cooperation Treaty, Madrid Agreement and Protocol, and Hague Agreement | p. 22 |
| The Berne Convention | p. 24 |
| The European Patent Convention | p. 26 |
| TRIPS Agreement | p. 28 |
| TRIPS and Its International Impact: India as a Case Study | p. 31 |
| India in a Pre-TRIPS World | p. 31 |
| India and TRIPS Compliance | p. 33 |
| Appellate Body Report, India—Patent Protection for Pharmaceutical and Agricultural Chemical Products | p. 34 |
| Notes and Questions | p. 36 |
| Limited Flexibilities: “General” Versus “Specialized” Intellectual Property Courts | p. 40 |
| International Bar Association, Intellectual Property & Entertainment Law Committee, International Survey of Specialised Intellectual Property Courts and Tribunals | p. 40 |
| Notes and Questions | p. 45 |
| Patents | p. 47 |
| Patent Eligible Subject Matter: Computer Programs and Business Methods | p. 47 |
| Symbian Ltd. v. Comptroller General of Patents, Designs and Trademarks | p. 48 |
| Patent Eligible Subject Matter: Computer Programs and Business Methods—Continued | |
| Notes and Questions | p. 55 |
| Microsoft Corp.'s Application | p. 56 |
| Notes and Questions | p. 58 |
| The Patent Protection for Business Method Inventions in China | p. 61 |
| Notes and Questions | p. 64 |
| Moral Utility | p. 64 |
| WARF/Stem Cells | p. 66 |
| Notes and Questions | p. 69 |
| Priority, Prior Art, Grace Period, and Best Mode | p. 72 |
| Priority: First-to-Invent Versus First-to-File | p. 73 |
| The Patent Reform Act of 2007 | p. 73 |
| Notes and Questions | p. 74 |
| Prior Art | p. 74 |
| Patently Unconstitutional: The Geographical Limitation on Prior Art in a Small World | p. 76 |
| Notes and Questions | p. 79 |
| Novelty and Inventive Step: Obstacles to Traditional Knowledge Protection under Patent Regimes: A Case Study in China | p. 80 |
| Notes and Questions | p. 82 |
| Grace Period | p. 84 |
| Patents for Chemicals, Pharmaceuticals and Biotechnology: Practice and Strategy | p. 84 |
| Notes and Questions | p. 85 |
| Best Mode | p. 86 |
| Obviousness: The Inventive Step | p. 87 |
| Haberman v. Jackel Int'l Ltd | p. 87 |
| BASF/Metal Refining | p. 93 |
| Notes and Questions | p. 96 |
| Novelty and Inventive Step: Obstacles to Traditional Knowledge Protection under Patent Regimes: A Case Study in China | p. 98 |
| Notes and Questions | p. 101 |
| TRIPS, Doha and Compulsory Licensing | p. 101 |
| Notes and Questions | p. 105 |
| Copyrights | p. 107 |
| Protection of Databases | p. 107 |
| European Parliament and Council Directive 96/9, On the Legal Protection of Databases | p. 108 |
| British Horseracing Board Ltd. v. William Hill Organization Ltd | p. 111 |
| Notes and Questions | p. 116 |
| Moral Rights | p. 118 |
| Berne Convention for the Protection of Literary and Artistic Works | p. 119 |
| Code de la Propriété Intellectuelle[Intellectual Property Code] (France) | p. 120 |
| Turner Entertainment Co. v. Huston | p. 122 |
| Lior Jacob Strahilevitz, The Right to Destroy | p. 125 |
| Moral Rights—Continued | |
| Copyright and the Moral Right: Is an American Marriage Possible? | p. 127 |
| Notes and Questions | p. 131 |
| Limitations and Exceptions to Copyright: Fair Use/Fair Dealing | p. 135 |
| Berne Convention for the Protection of Literary and Artistic Works | p. 135 |
| Agreement on Trade-Related Aspects of Intellectual Property Rights | p. 136 |
| Panel Report, United States—Section 110(5) of the U.S. Copyright Act | p. 136 |
| Toward an International Fair Use Doctrine | p. 140 |
| Hong Kong Copyright Ordinance | p. 146 |
| Notes and Questions | p. 147 |
| Technological Protection Measures | p. 149 |
| WIPO Copyright Treaty | p. 150 |
| Canadian Copyright Act | p. 150 |
| Technical Protection Measures: Tilting at Copyright's Windmill | p. 151 |
| Anticircumvention and Anti-anticircumvention | p. 154 |
| Notes and Questions | p. 160 |
| Trademarks and Similar Indicia | p. 162 |
| Nontraditional Trademarks: Smells, Color, Sounds and Tastes | p. 162 |
| Sieckmann v. Deutsches Patent- und Markenamt | p. 163 |
| Notes and Questions | p. 166 |
| Eli Lilly & Co.'s Application | p. 167 |
| Notes and Questions | p. 168 |
| Immoral and Against Public Policy | p. 170 |
| Application of Kenneth (Trading as Screw You) | p. 171 |
| Notes and Questions | p. 173 |
| Sporting Kicks Ltd's Application | p. 174 |
| Notes and Questions | p. 175 |
| New Zealand Tackles the Maori Issue | p. 177 |
| Notes and Questions | p. 178 |
| Infringement and Use | p. 180 |
| Arsenal Football Club v. Reed | p. 180 |
| Notes and Questions | p. 183 |
| Reed Executive v. Reed Business Information Ltd. | p. 185 |
| Notes and Questions | p. 188 |
| Matim Li Fashion Chain for Large Sizes Ltd. v. Crazy Line Ltd | p. 188 |
| Notes and Questions | p. 191 |
| Foreign Equivalents | p. 192 |
| Establishing Local Protection in a Global Economy | p. 192 |
| Krazy Glue Inc. v. Group Cyanomex S.A. de C.V. | p. 193 |
| Cheung Kong (Holdings) Limited v. Living Realty Inc. | p. 195 |
| Notes and Questions | p. 196 |
| Translation: Ascertaining Meaning for Foreign Equivalents | p. 198 |
| Famous and Well-Known Marks | p. 199 |
| Establishing and Enforcing Rights Worldwide | p. 199 |
| The Famous Marks Doctrine | p. 200 |
| Grupo Gigante SA de CV v. Dallo & Co. | p. 201 |
| Notes and Questions | p. 204 |
| Trademark Dilution | p. 206 |
| Verimark (Pty) Ltd. v. BMW AG | p. 206 |
| Notes and Questions | p. 208 |
| Trademarks and Geographical Indications | p. 210 |
| What Is a Geographical Indication? | p. 210 |
| The Law and Policy of Geographical Indications | p. 212 |
| United States' Implementation of the TRIPS Obligations for Geographical Indications | p. 214 |
| Defining the Geographical Indication: An Example | p. 216 |
| Consorzio del Prosciutto di Parma and Salumificio S. Rita SpA v. Asda Stores Ltd. and Hygrade Foods Ltd. | p. 217 |
| Notes and Questions | p. 221 |
| The Interaction Between Trademarks and Geographical Indications | p. 222 |
| Consorzio del Prosciutto di Parma v. Maple Leaf Meats Inc. | p. 222 |
| Notes and Questions | p. 225 |
| The Protection of Product Designs and Utility Models | p. 228 |
| Product Designs | p. 228 |
| The Byzantine United States System | p. 228 |
| The Worldwide Norm: Unified Design Protection Schemes | p. 229 |
| Council Regulation 6/02, On Community Designs | p. 230 |
| Notes and Questions | p. 234 |
| Utility Models: The Gray Area Between Patent and Design Laws | p. 236 |
| Virgin Atlantic Airways Ltd. v. Premium Aircraft Interiors Group Ltd. | p. 237 |
| Notes and Questions | p. 243 |
| Utility Model Act (Japan) | p. 245 |
| Notes and Questions | p. 246 |
| Other Forms of Intellectual Property | p. 248 |
| The Doctrine of Misappropriation | p. 248 |
| The Right of Publicity | p. 250 |
| Gould Estate v. Stoddart Publishing Co. | p. 251 |
| Notes and Questions | p. 256 |
| The Law Governing Secret Information | p. 257 |
| Trade Secret Law | p. 257 |
| Faccenda Chicken Ltd. v. Fowler | p. 258 |
| Notes and Questions | p. 262 |
| The Law Governing Secret Information—Continued | |
| Trade Secrets in International Intellectual Property Law | p. 263 |
| Notes and Questions | p. 265 |
| Table of Contents provided by Ingram. All Rights Reserved. |
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