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Intellectual Property (IP) is often a company's single most valuable asset. And yet IP is hard to value, widely misunderstood and frequently under-exploited. IP accounts for an estimated 5trn of GDP in the US alone. It covers patents, trademarks, domain names, copyrights, designs and trade secrets. Unsurprisingly, companies zealously guard their own ideas and challenge the IP of others. Damages arising from infringements have fostered a sizeable claims industry. But IP law is complex, and the business, financial and legal issues around it are difficult to navigate. Court decisions and interpretation of IP laws can be unpredictable, and can dramatically change the fortunes of businesses that rely on their IP - as demonstrated in the pharmaceutical industry's battle with generic drugs. This comprehensive guide to intellectual property will help companies, investors, and creative thinkers understand the scope and nature of IP issues, pose the right questions to their advisers and maximize the value from this crucial intangible asset.
A broad introduction to the changing roles of intellectual property within society Intellectual property is one of the most confusing--and widely used--dimensions of the law. By granting exclusive rights to publish, manufacture, copy, or distribute information and technology, IP laws shape our cultures, our industries, and our politics in countless ways, with consequences for everyone, including artists, inventors, entrepreneurs, and citizens at large. In this engaging, accessible study, Aram Sinnreich uncovers what's behind current debates and what the future holds for copyrights, patents, and trademarks.
"Clear, correct, and deep, this is a welcome addition to discussions of law and computing for anyone -- even lawyers!"-- Lawrence Lessig, Professor of Law at Stanford Law School and founder of the Stanford Center for Internet and Society If you work in information technology, intellectual property is central to your job -- but dealing with the complexities of the legal system can be mind-boggling. This book is for anyone who wants to understand how the legal system deals with intellectual property rights for code and other content. You'll get a clear look at intellectual property issues from a developer's point of view, including practical advice about situations you're likely to encounter. Written by an intellectual property attorney who is also a programmer, Intellectual Property and Open Source helps you understand patents, copyrights, trademarks, trade secrets, and licenses, with special focus on the issues surrounding open source development and the GPL. This book answers questions such as: How do open source and intellectual property work together? What are the most important intellectual property-related issues when starting a business or open source project? How should you handle copyright, licensing and other issues when accepting a patch from another developer? How can you pursue your own ideas while working for someone else? What parts of a patent should be reviewed to see if it applies to your work? When is your idea a trade secret? How can you reverse engineer a product without getting into trouble? What should you think about when choosing an open source license for your project? Most legal sources are too scattered, too arcane, and too hard to read. Intellectual Property and Open Source is a friendly, easy-to-follow overview of the law that programmers, system administrators, graphic designers, and many others will find essential.
Gain a common-sense approach to the practice of intellectual property law. The authors, both experienced IP attorneys, share their knowledge in a comprehensive yet practical guide. They explain the fundamentals of all major areas of IP law and how to handle the most common situations in patent, trademark, and copyright cases. It is an invaluable resource for those newer to the practice as well as offering a basic understanding of IP law for those outside the area.
A guide to the types of intellectual property and how startups can best manage intellectual property in the early stages of the company. Startups face a variety of risks. The biggest risk is market risk, and entrepreneurs should be spending most of their time addressing the market risks - not learning law. The Startup Guide to Intellectual Property helps startups grow by showing how intellectual property is used to build and keep a sustainable competitive advantage. Moreover, The Startup Guide to Intellectual Property discusses the cost - benefit trade-offs when trying to capture a company's intellectual property and provides guidance on how to make those decisions. It includes a practical description of the types and uses of intellectual property and presents workable options for protecting that intellectual property early.
The definitive guide to intellectual property for business managers How can a product of the mind—an innovation, a song, a logo, a business secret—become the subject of precise property rights? No idea is entirely original; every innovative business borrows, sometimes extensively, from its competitors and others. So how do we draw the line between fair and unfair use? Billions of dollars ride on that question, as do the fates of publishers, software producers, drug companies, advertising firms, and many others. It’s also a key question for individuals—for instance, if you quit your job after mastering the company’s secrets, what can you do with that information? With the growth of the internet and global markets, having a smart IP strategy is more essential than ever. Intellectual Property is the ideal book for non-lawyers who deal with patents, trade secrets, trademarks, and copyrights—all essential business issues that have changed rapidly in the last few years. Goldstein draws on dozens of fascinating case studies, from the Polaroid vs. Kodak battle to Kellogg’s surprising trademark suit against Exxon to whether a generic perfume is allowed to smell exactly like Chanel No. 5. Every business decision that involves IP is also a legal decision, and every legal decision is also a business decision. Lawyers and managers need to work together to navigate these murky waters, and this book shows how.
"Offering practical guidance to non-IP specialists who encounter these issues in their legal practice, this book provides specific and useful information on areas where business interests intersect with intellectual property issues, including trademarks, copyrights, patents, trade secrets, domain names, technology, and more."--
This book provides a practical understanding of intellectual property basics relevant in an academic environment. It describes the process of performing a comprehensive prior art search, determining business value, filing for a patent, licensing to companies, and using follow-up patents to create a valuable portfolio. The text also covers starting a new business and recent changes in patent application procedures. A special chapter addresses issues in copyright law relevant to academics, such as determining what is copyrightable in reporting an industry-sponsored project.
If a picture is worth a thousand words, then it's a good bet that at least half of those words relate to the picture's copyright status. Art historians, artists, and anyone who wants to use the images of others will find themselves awash in byzantine legal terms, constantly evolving copyright law, varying interpretations by museums and estates, and despair over the complexity of the whole situation. Here, on a white—not a high—horse, Susan Bielstein offers her decades of experience as an editor working with illustrated books. In doing so, she unsnarls the threads of permissions that have ensnared scholars, critics, and artists for years. Organized as a series of “takes” that range from short sidebars to extended discussions, Permissions, A Survival Guide explores intellectual property law as it pertains to visual imagery. How can you determine whether an artwork is copyrighted? How do you procure a high-quality reproduction of an image? What does “fair use” really mean? Is it ever legitimate to use the work of an artist without permission? Bielstein discusses the many uncertainties that plague writers who work with images in this highly visual age, and she does so based on her years navigating precisely these issues. As an editor who has hired a photographer to shoot an incredibly obscure work in the Italian mountains (a plan that backfired hilariously), who has tried to reason with artists' estates in languages she doesn't speak, and who has spent her time in the archival trenches, she offers a snappy and humane guide to this difficult terrain. Filled with anecdotes, asides, and real courage, Permissions, A Survival Guide is a unique handbook that anyone working in the visual arts will find invaluable, if not indispensable.
What do you do if … you need to seek a court order against a former employee who has set up in competition with you, having first helped themselves to your customer database? … Or if you are deluged with complainants who have bought products they thought were yours, but turn out to have been made from inferior materials and without your knowledge or consent? … Or if you receive a solicitor's letter complaining that a product you are about to launch infringes their client's trade mark or registered design? Jane Lambert's concise and practical guide gives you the knowledge that you need to make crucial decisions to protect your intellectual assets before it is too late. It should be kept close at hand for use in emergencies, just like a first aid manual. Its purpose is to alert you to problems so that you can take the right steps to manage them, in consultation with your professional advisors, before they develop into crises. And, if the worst does happen and you need to go to law, the guide provides you with the information you need to understand the process, the risks and how to prepare effectively. If you are planning an enforcement strategy, looking for the optimum patent or registered trade mark or design protection and to secure the appropriate insurance to make sure you have a fund available to enforce these, then this book is for you. If you're already in hot water, someone with an intellectual property problem who needs to make fast decisions in very little time, then this book is for you too. It could help you avoid the most expensive mistake of your life.