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Shortlisted for the 2008 Young Authors Inner Temple Book Prize This new book provides a comprehensive overview of the topic of patent claim interpretation in the UK and in three other select jurisdictions. It explores territory that has great commercial significance and yet is severely under-explored in existing works. The twin issues of the function of patent law and interpretational analysis of the scope of protection have been recently reconsidered by the House of Lords, and this work not only reviews their recent cases but also looks at how the US, German and Japanese patent systems deal with the complex problems presented in this area. The book provides a balanced approach between practical, academic and theoretical approaches to claim interpretation. In doing so it provides more than a simple case analysis, as it enables the reader to consider the shape that the law should take rather than simply recounting the current position. Its novelty therefore lies in bringing the theoretical elements of the discussion together with the view of the profession charged with creating the patent documentation in the first place and then viewing this in the light of the detailed comparative studies. It is only by considering all of these elements that we begin to see a pathway for the development of the law in this area. This is a work that will be an important source of reference for academics and practitioners working in the field of patent law.
Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.
Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Law can be viewed as a body of rules and legal sanctions that channel behavior in socially desirable directions — for example, by encouraging individuals to take proper precautions to prevent accidents or by discouraging competitors from colluding to raise prices. The incentives created by the legal system are thus a natural subject of study by economists. Moreover, given the importance of law to the welfare of societies, the economic analysis of law merits prominent treatment as a subdiscipline of economics. This two volume Handbook is intended to foster the study of the legal system by economists.*The two volumes form a comprehensive and accessible survey of the current state of the field. *Chapters prepared by leading specialists of the area. *Summarizes received results as well as new developments.
This book covers cross-border strategies to understand and profit from intellectual property. It starts with a basic overview of IP before focusing specifically on international business contexts. The book then explores factors that affect IP-related business activities in different countries. Next, follows a discussion of the importance of managing IP valuation, people, and products, which leads into an examination of strategies for obtaining value from IP-related activities, including licensing. This edition updates the contents and adds new contemporary cases, such as internet-based crimes and trademarked sport brands. Readers will gain an understanding of the significance of IP to corporate success in the increasingly globalized world. With updated knowledge on deriving value from IP, this book will provide insights for practitioners to deal with cross-border issues of IP, and for scholars across disciplines to advance studies of cross-border issues and conflicts in IP.
This book reviews the literature on communication about biotechnology. Other books deal with this topic, however this book with the use of case studies, looks at public opinion data, communication theory, and international examples; to provide a complementary overview of how the public sees this controversial topic.
In the last two decades, accelerating technological progress, increasing economic globalization and the proliferation of international agreements have created new challenges for intellectual property law. In this collection of articles in honor of Professor Joseph Straus, more than 60 scholars and practitioners from the Americas, Asia and Europe provide legal, economic and policy perspectives on these challenges, with a particular focus on the challenges facing the modern patent system. Among the many topics addressed are the rapid development of specific technical fields such as biotechnology, the relationship of exclusive rights and competition, and the application of territorially limited IP laws in cross-border scenarios.
ÔJust how inventive are inventions? More to the point, just how inventive are the inventions covered by patents? Not very, according to Hazel Moir, and there is no reason to doubt her conclusions. She has spent years in painstakingly analysis of dozens of business method patents in Australia and elsewhere. She finds. . . [t]hey are no more than strategic devices intended to annoy and disrupt commercial competition and confuse the market. . . Hazel Moir is a patent expert beholden to no patent theory and no patent interests. In consequence, her research is fresh and inspired. Her conclusion Ð that patents describe and protect obvious combinations of old ideas and trivial variations Ð may not be confined to business methods. It is a conclusion that demands the consideration of policymakers.Õ Ð Stuart Macdonald, Aalto University, Helsinki, Finland ÔThis book presents a compelling attack on the patent system. Thoughtfully analyzing the existing empirical literature and providing her own painstaking study of business method patents, Hazel Moir explains how it is that. . . patents have spread geographically and technologically, with increasingly broad rights becoming ever-easier to obtain. Bravely and persuasively, she recommends policymakers tackle one of the most vexing issues in patent law: the quantum of new knowledge that ought to be required to make an invention worthy of protection.Õ Ð Rochelle Dreyfuss, New York University School of Law, US ÔHazel MoirÕs book deserves to become a classic. Between its covers one will find writing of great clarity and data that reveal the real world costs of the patent system. After reading MoirÕs analysis, one wonders what the actual social benefits of the patent system might be. This is evidence-based analysis at its best.Õ Ð Peter Drahos, Australian National University and Queen Mary, University of London, UK ÔThis book presents a compelling attack on the patent system. Thoughtfully analyzing the existing empirical literature and providing her own painstaking study of business method patents, Hazel Moir explains how it is that, despite the intuitions of economists, social scientists, lawyers, judges, and even some inventors, patents have spread geographically and technologically, with increasingly broad rights becoming ever-easier to obtain. Bravely and persuasively, she recommends policymakers tackle one of the most vexing issues in patent law: the quantum of new knowledge that ought to be required to make an invention worthy of protection.Õ Ð Rochelle Dreyfuss, New York University School of Law, US This empirical study uses a scientifically selected sample of patents to assess patent quality. The careful evaluation of the assumptions in alternative economic theories about the generation and diffusion of new knowledge demonstrates that the height of the inventive step is critical to effective and efficient patent policy. The book provides a practical introduction to the policy rules affecting the grant of patents, particularly the rules making the inventive step so low. It also offers insights into interactions between examiners and applicants during the patent application process. Finally, the book compares how the rules about inventiveness operate in the USPTO, the EPO and the Australian Patent Office, gives new insights into business method patenting and offers suggestions for raising the height of the inventive step. Patent Policy and Innovation will appeal to academics researching in the patent field, economists, innovation and industry policy advisors, patent policy makers, NGO policy advisors and patent practitioners.