Description
Book SynopsisDespite increasing worldwide harmonization of intellectual property, driven by US patent reform and numerous EU Directives, the common law and civil law traditions still exert powerful and divergent influences on certain features of national IP systems.
Trade ReviewIntellectual Property in Common Law and Civil Law
presents the perspectives of common as well as civil law, on global IP Law's most pertinent issues ranging from inventive step all the way to injunctive relief. Edited by Professor Takenaka, director of the University of Washington's renowned Center for Advanced Studies and Research on IP (CASRIP), the book assembles deep but easy to read essays by some of the world s leading IP scholars. In short, IP Law's most important issues from a global perspective; by the world's leading scholars, yet in a nutshell. Excellent!' --Christoph Ann, Technische Universität München, Germany
'All in all, the book represents an interesting approach to the complex topic of international and comparative intellectual property rights.'
--Christopher Heath, International Review of Intellectual Property and Competition Law
Table of ContentsContents: Preface PART I: INTRODUCTION 1. Towards a History of Patent Law Brad Sherman PART II: PATENTS 2. Ordre Public and Morality Issues in Patent Eligibility Joseph Straus 3. First-Inventor-to-File under the America Invents Act: A View of First-to-File Lawyer and a View of First-to-Invent Lawyer Toshiko Takenaka with Martin J. Adelman 4. The Inventive Step and Cooperative Harmonization Amy L. Landers 5. Equitable Doctrines in International Patent Laws Jan Krauß PART III: COPYRIGHT 6. Tradition and Change: The Past and Future of Authors’ Moral Rights Mira T. Sundara Rajan 7. Japan’s Copyright Law Revisions, Disruptive Innovation and User-generated Content Salil Mehra 8. The Dragon and the White Whale: Three Steps Test and Fair Use Frédéric Pollaud-Dulian 9. Fair Use: A Tale of Two Cities Sang Jo Jong PART IV: TRADEMARK AND UNFAIR COMPETITION 10. Passing Off and Unfair Competition Regimes Compared Mary LaFrance 11. Trade Dress Signe H. Naeve 12. A Comparative Analysis of the Protection of Geographical Indications in the European Union and the United States under Sui Generis and Trademark Systems Gail E. Evans PART V: ENFORCEMENT AND INFRINGEMENT REMEDIES 13. Extraterritorial Enforcement Marketa Trimble 14. Injunctive Relief in Patent Cases in the US, Germany and Japan: Recent Developments and Outlook Christoph Rademacher PART VI: LEGAL ASPECTS COMMON TO ALL BRANCHES OF IP 15. What the Treatment of Covenants Not to Compete Teaches About Intellectual Property and Competition Norms Shubha Ghosh 16. Employee Invention System: Comparative Law Perspective Toshiko Takenaka and Yves Reboul 17. Exhaustion of Intellectual Property Rights in the European Union Theo Bodewig PART VII: APPENDIX 18. The Patent Laws of Old Mario Franzosi Index
