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Now there's a one-stop source of answers to the critical remedies questions that arise in today's intellectual property claims. Handbook of Intellectual Property Claims and Remedies is the first single-volume treatise to focus exclusively on the substantive law governing remedies and strategies for obtaining them in intellectual property litigation. Written by Patrick J. Flinn, an intellectual property specialist from Alston and Bird in Atlanta, GA, Handbook of Intellectual Property Claims and Remedies offers step-by-step guidance on how to maximize -- or minimize -- possible remedies at all stages of litigation, from pre-filing decisions through appeals. You'll find vital information you can use to: Evaluate general remedial concepts involving lost profits, unjust enrichment, and out-of-pocket damages in IP claims Establish which claims can affect which types of relief, and what problems may arise in joining different claims in the same action Avoid costly mistakes at all stages of the case. Handbook of Intellectual Property Claims and Remedies is full of practice tools to help you build and present your best case, including a quick-reference matrix on IP rights and remedies, sample demand letters and responses, current statistics on jury awards, case citations, checklists, and more!
A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.
'Transactions involving intellectual property whether by way of out-and-out assignment or by one of the myriad variants of licensing which are possible, are really really important – they help the world of business go round. But such transactions can be complex with things like national rules preventing alienation getting in the way of bargains people wish to make. So it is quite astonishing how sparse the literature on the subject is – particularly literature taking a comparative view. This book is perhaps the very first of its kind, taking as it does perspectives from the major legal systems of the world. Moreover its distinguished authors have not written in a technical or abstruse way – as academics (and some judges) can all too easily do. Far from it. This book is readable – and anyone concerned with intellectual property licensing should read it and will find it a pleasure to do so. They will also learn a lot about some of the pitfalls and bear-traps to be found around the world. At UCL we have recognised the importance of this subject. This book will be on our students' reading list.' – The Rt. Hon. Sir Robin Jacob, UCL Faculty of Laws, UK 'IP licensing underpins the information economy. This impressive book brings together leading academic lawyers and practitioners from a range of key jurisdictions to explore a number of major current issues. The book is both thoughtful and practical and it is not afraid to call for greater harmonization of IP licensing law. It is a must have for all those involved in the field.' – Simon Stokes, Blake Lapthorn 'This Research Handbook provides a valuable mix of practical and theoretical perspectives on IP licensing and will serve as a reference resource for scholars and practitioners in this field of study.' – Francesco Parisi, University of Minnesota, US and University of Bologna, Italy 'The Handbook brings together a unique collection of world renowned experts providing detailed discussion in every chapter. The brilliance of this collective work is found in its broad two dimensional focus – beyond patents to all key IP assets on the one hand, and country specific discussion for key regions around the world on the other. . . Whether read cover-to-cover as a compilation of current best practice or used as a true reference guide, the Research Handbook on Intellectual Property Licensing is a must have for anyone seeking to capture value from intangible assets.' – From the foreword by James E. Malackowski The Research Handbook on Intellectual Property Licensing explores the complexities of intellectual property licensing law from a comparative perspective through the opinions of leading experts. This major research tool analyses the features of specific types of licensing agreements and also addresses other practical issues which apply across different types of licensing transactions, such as the treatment of licensing in bankruptcy and the use of arbitration for solving licensing disputes. The Handbook ultimately provides a scholarly contribution to the development of global intellectual property licensing policies. Including transversal and comparative analysis, this Handbook will appeal to intellectual property licensing practitioners, lawyers and intellectual property and contract law academics.
This book addresses two crucial concerns of intellectual property owners--how to recover monetary compensation when an infringement has occurred and how to prevent further infringement.
To take full advantage of (or defend against) the range of available remedies, Copyright Remedies offers a concise, practical guide for any attorney who is prosecuting, defending, or evaluating a copyright infringement lawsuit or claim under the Digital Millennium Copyright Act (DMCA), or who is responsible for a copyrighted work that may become the subject of litigation. Experienced copyright and IP litigators explain the remedies available and provide checklists and analysis of subcategories of damages.
Insurance Coverage of Intellectual Property Assets, Second Edition is the best resource to comprehensively analyze the insurance protection issues that must be considered when an intellectual property dispute arises. From determining the scope of coverage under a policy, to tendering of a claim, to seeking remedies when coverage has been denied, this essential guidebook details the interactions among policyholders, insurers and the courts. You'll find comprehensive and timely analysis of federal and state case law and major commercial insurance policy provisions that address: The extent of insurance coverage under the andquot;advertising injuryandquot; and andquot;personal injuryandquot; provisions Language in policies that limits or excludes coverage for intellectual property claims Public policy exclusions to coverage for claims of an infringement undertaken with intent to harm Interpreting ambiguous language in insurance policies Defending a claim under a andquot;reservation of rightsandquot; and potential conflicts of interest triggered thereby Forum selection and choice of law And more. In addition, there's detailed discussion and comparison of the actual language used in most commercial insurance policies and the most recent Insurance Services (ISO) policies.
Essentials of patent, copyright and trademark law are at your fingertips in this reference designed for students of law and lawyers alike, but also for anyone with concerns or opportunities working with intellectual property. The Internet age is filled with legal misuse and misunderstanding. A trusted reference source is rarely found at this price that works so well that law students, lawyers and paralegals agree QuickStudy guides are a must-have. Expertly written to offer just the facts in 6 pages, the lamination ensures the guides will last a lifetime through school and beyond. BarCharts, Inc was founded on our law guides created by the owner, designed to understand the significance of details within the larger scheme of the law, as a daily refresher, and to review before the Bar Exam. 6 page laminated guide includes: Patent Law Analyze Patentability First to File Is Deemed "Inventor" Application for Patents Provisional Patent Applications Patent Prosecution Opposition Procedures & Post-Issuance Proceedings Patent Infringement Elements of Proof of Infringement Types of Infringement & Infringers Defenses to Infringement Action Remedies in Infringement Action Copyright Law What Can Be Protected by Copyright? When Copyrights Attach & Terminate for U.S. Works How Can Copyrights Be Lost? What Rights Are Protected by Copyright Law? Who Holds the Copyrights? Enforcement of Copyrights under Current Law Civil Infringement Actions Elements of Proof of Direct Infringement Proof That Defendant Copied a Work Degrees of Infringement Contributory Infringement Liability Vicarious Infringement Liability Civil Remedies for Infringement The "Fair Use" Defense Copyrights on Foreign Works Digital Millennium Copyright Act Computer Software Copyright Protection Trademark Law Common Law Trademarks Distinctiveness Requirement Descriptiveness of Trademarks Four Categories of Marks Specifically Prohibited Marks Potential Conflicts with Other Users Marks in Different Markets When a Trademark Itself Has Value Trademark Infringement Remedies for Trademark Infringement Defenses to Infringement Actions Useful Internet Intellectual Property (IP) Links
This comprehensive Research Handbook explores the rights of employers and employees with regard to intellectual property (IP) created within the framework of the employment relationship. Investigating the development of employee IP from a comparative perspective, it contextualises issues in the light of theoretical approaches in both IP law and labour law. Leading academic experts examine the most crucial building blocks of the regulation of employee IP, such as authorship, inventorship and creatorship, as well as individual, corporate and collective works. Chapters focus on US and European law, but also offer insights from Chinese, Japanese and Korean law. The Research Handbook also tackles new and developing global challenges in the field, including labour mobility, trade secrets, non-compete clauses, university employees, cross-border business matters, and choice of law issues. Scholars and students in both IP and labour law, and particularly those working at the intersection of these fields, will find this Research Handbook invaluable. It will also provide important insights for legislators, business practitioners and university management.