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Developments and Directions in Intellectual Property Law celebrates the 20th anniversary of award-winning intellectual property (IP) blog, The IPKat, originally founded in 2003. Over the past two decades, The IPKat has covered and commented on several of the most topical developments in the IP field from substantive, practical, and policy standpoints. Today, The IPKat is considered the “Most Popular Intellectual Property Law Blawg” of all time (source: Justia) and its readers are academics, members of the judiciary, policy and law-makers, practitioners, and students from all over the world. By bringing together several of the current and past contributors to The IPKat, this book reflects on the developments and directions that have emerged in the IP field over the past twenty years. Topics covered include changes within substantive IP rights, as well as IP law, policy, and practice broadly intended and from a global perspective. From copyright to trade marks, patents to designs, image and publicity rights to geographical indications, and developments in IP practice and the court system to contract drafting, readers of this book will find expert insights into some of the most notable developments in IP since the inception of The IPKat blog.
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CYBERSECURITY LAW Learn to protect your clients with this definitive guide to cybersecurity law in this fully-updated third edition Cybersecurity is an essential facet of modern society, and as a result, the application of security measures that ensure the confidentiality, integrity, and availability of data is crucial. Cybersecurity can be used to protect assets of all kinds, including data, desktops, servers, buildings, and most importantly, humans. Understanding the ins and outs of the legal rules governing this important field is vital for any lawyer or other professionals looking to protect these interests. The thoroughly revised and updated Cybersecurity Law offers an authoritative guide to the key statutes, regulations, and court rulings that pertain to cybersecurity, reflecting the latest legal developments on the subject. This comprehensive text deals with all aspects of cybersecurity law, from data security and enforcement actions to anti-hacking laws, from surveillance and privacy laws to national and international cybersecurity law. New material in this latest edition includes many expanded sections, such as the addition of more recent FTC data security consent decrees, including Zoom, SkyMed, and InfoTrax. Readers of the third edition of Cybersecurity Law will also find: An all-new chapter focused on laws related to ransomware and the latest attacks that compromise the availability of data and systems New and updated sections on new data security laws in New York and Alabama, President Biden’s cybersecurity executive order, the Supreme Court’s first opinion interpreting the Computer Fraud and Abuse Act, American Bar Association guidance on law firm cybersecurity, Internet of Things cybersecurity laws and guidance, the Cybersecurity Maturity Model Certification, the NIST Privacy Framework, and more New cases that feature the latest findings in the constantly evolving cybersecurity law space An article by the author of this textbook, assessing the major gaps in U.S. cybersecurity law A companion website for instructors that features expanded case studies, discussion questions by chapter, and exam questions by chapter Cybersecurity Law is an ideal textbook for undergraduate and graduate level courses in cybersecurity, cyber operations, management-oriented information technology (IT), and computer science. It is also a useful reference for IT professionals, government personnel, business managers, auditors, cybersecurity insurance agents, and academics in these fields, as well as academic and corporate libraries that support these professions.
"This book provides a relatively comprehensive examination of cybersecurity related laws that would be helpful for lawyers, law students, and Chief Information Security Officers (CISOs) and other cybersecurity and privacy professionals. The book outlines and details the U.S. federal sectoral approach to cybersecurity, such as covering the Gramm-Leach-Bliley Act and regulations, and the Health Insurance Portability and Accountability Act Security Rule, as well as an examination of state laws impacting cybersecurity, such as data breach notification, privacy and state education laws. International issues as well as specific topics such as ransomware and the Internet of things are addressed. Notably, the book provides a review of the role of the cybersecurity professional, risk assessment as well as the National Institute of Standards and Technology (NIST) risk assessment framework, and laws related to hacking." -- Publisher.
The United States patent system has become sand rather than lubricant in the wheels of American progress. Such is the premise behind this provocative and timely book by two of the nation's leading experts on patents and economic innovation. Innovation and Its Discontents tells the story of how recent changes in patenting--an institutional process that was created to nurture innovation--have wreaked havoc on innovators, businesses, and economic productivity. Jaffe and Lerner, who have spent the past two decades studying the patent system, show how legal changes initiated in the 1980s converted the system from a stimulator of innovation to a creator of litigation and uncertainty that threatens the innovation process itself. In one telling vignette, Jaffe and Lerner cite a patent litigation campaign brought by a a semi-conductor chip designer that claims control of an entire category of computer memory chips. The firm's claims are based on a modest 15-year old invention, whose scope and influenced were broadened by secretly manipulating an industry-wide cooperative standard-setting body. Such cases are largely the result of two changes in the patent climate, Jaffe and Lerner contend. First, new laws have made it easier for businesses and inventors to secure patents on products of all kinds, and second, the laws have tilted the table to favor patent holders, no matter how tenuous their claims. After analyzing the economic incentives created by the current policies, Jaffe and Lerner suggest a three-pronged solution for restoring the patent system: create incentives to motivate parties who have information about the novelty of a patent; provide multiple levels of patent review; and replace juries with judges and special masters to preside over certain aspects of infringement cases. Well-argued and engagingly written, Innovation and Its Discontents offers a fresh approach for enhancing both the nation's creativity and its economic growth.
In today’s litigious business world, cyber-related matters could land you in court. As a computer security professional, you are protecting your data, but are you protecting your company? While you know industry standards and regulations, you may not be a legal expert. Fortunately, in a few hours of reading, rather than months of classroom study, Tari Schreider’s Cybersecurity Law, Standards and Regulations (2nd Edition), lets you integrate legal issues into your security program. Tari Schreider, a board-certified information security practitioner with a criminal justice administration background, has written a much-needed book that bridges the gap between cybersecurity programs and cybersecurity law. He says, “My nearly 40 years in the fields of cybersecurity, risk management, and disaster recovery have taught me some immutable truths. One of these truths is that failure to consider the law when developing a cybersecurity program results in a protective façade or false sense of security.” In a friendly style, offering real-world business examples from his own experience supported by a wealth of court cases, Schreider covers the range of practical information you will need as you explore – and prepare to apply – cybersecurity law. His practical, easy-to-understand explanations help you to: Understand your legal duty to act reasonably and responsibly to protect assets and information. Identify which cybersecurity laws have the potential to impact your cybersecurity program. Upgrade cybersecurity policies to comply with state, federal, and regulatory statutes. Communicate effectively about cybersecurity law with corporate legal department and counsel. Understand the implications of emerging legislation for your cybersecurity program. Know how to avoid losing a cybersecurity court case on procedure – and develop strategies to handle a dispute out of court. Develop an international view of cybersecurity and data privacy – and international legal frameworks. Schreider takes you beyond security standards and regulatory controls to ensure that your current or future cybersecurity program complies with all laws and legal jurisdictions. Hundreds of citations and references allow you to dig deeper as you explore specific topics relevant to your organization or your studies. This book needs to be required reading before your next discussion with your corporate legal department. This new edition responds to the rapid changes in the cybersecurity industry, threat landscape and providers. It addresses the increasing risk of zero-day attacks, growth of state-sponsored adversaries and consolidation of cybersecurity products and services in addition to the substantial updates of standards, source links and cybersecurity products.
This book is for cybersecurity and privacy professionals, cybersecurity and privacy lawyers, law students, and anyone interested in learning the cybersecurity laws that apply to an entity based on the entity's business model(s) and data collection model(s). For example, what is the applicable Securities and Exchange Commission (SEC) cybersecurity law if an entity provides an alternate trading platform (ATP) with a daily trading volume of 50,000? The authors combine years of technical and legal experience in providing a map for cybersecurity counseling based on an understanding of the CISO's technical cybersecurity issues and how they fit into today's cybersecurity law challenges. The authors explain the difference and overlap between privacy law, cybersecurity law, and cybersecurity. Those interested in speaking the same cybersecurity language as a Chief Information Security Officer (CISO) will benefit. The first chapter provides a review of cybersecurity. For example, key to any discussion on cybersecurity is the Confidentiality, Integrity, and Availability (CIA) of data. Learn how to implement policy-based "reasonable security measures" frameworks for your organization that form a legal defense to cybersecurity-based actions brought by U.S. agencies such as the Federal Trade Commission (FTC) and state Attorney Generals. A high-level discussion of the National Institute of Science and Technology (NIST) cybersecurity frameworks is included as well as data breach laws, anti-hacking related laws and some international issues.
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. The philosophy behind this series may be best summarized by Justice Stephen G. Breyer's statement that "This world we live in is a world where it is out of date to teach foreign law in a course called Foreign Law." Book jacket.