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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!
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.
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.
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.
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.
Although individuals or companies can pursue civil remedies to address violations of their intellectual property rights, criminal sanctions are often warranted to ensure sufficient punishment and deterrence of wrongful activity. Congress has continually expanded and strengthened criminal laws for violations of intellectual property rights to protect innovation, to keep pace with evolving technology and, significantly, to ensure that egregious or persistent intellectual property violations do not merely become a standard cost of doing business for defendants.
This handbook provides a comprehensive and non-technical explanation of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), later legal instruments, current policy issues and the relationship between TRIPS and public health. It is aimed at an audience including government officials and policy-makers, non-governmental organizations, academics and students.
Many applicants use the Patent Cooperation Treaty (PCT) system as a first step to obtain patent protection for their inventions in a large number of countries. This practice-oriented book on the PCT – the only such book available – provides expert guidance on how to carry out the treaty’s procedures, from filing a single international patent application to starting prosecution before a plurality of national Offices. Building from an authoritative overview of the PCT’s sources and how they link to form the legal basis for a complete procedure, the contributors elucidate such invaluable practical details as the following: complete details on filing under the PCT, including the means of filing, fee payments, and priority, both in general and in specific national patent Offices; strategy points for making decisions on options in procedures and for drawing attention to important issues; citations from the Practical Advices published by the World Intellectual Property Organization (WIPO); differences between several regional and national Offices, such as the EPO and the USPTO; extensive treatment of remedies available in each procedure; guidance through the PCT – Patent Prosecution Highway (PCT-PPH); and extensive linking to international and national resources for the PCT. The authors include legal experts from WIPO and the European Patent Office (EPO), as well as well-known patent law practitioners. With its wealth of guidance ranging from a broad introduction to specific details of procedural strategy, this book will be of immeasurable value in the day-to-day practice of patent attorneys, corporate counsel, and paralegals worldwide. It will be of great use to candidates preparing for exams where a profound knowledge of the PCT is required.
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.
'(E-Copyright Law Handbook) offers more than enough substance for turning even the novice general-practice attorney into a full-bodied copyright specialist.' --Legal Information Alert (Volume 22, Issue 3). Alert Publications, Inc. Chicago, IL www.alertpub.com How far do the laws of copyright protection extend in the new digital age? E-Copyright Law Handbook answers this and many other critical questions that impact owners of copyright-protected material. Prepared by a team of successful intellectual property attorneys, The Handbook is a single-volume guide to focus on copyright technical developments and legal decisions so attorneys can advise clients on how to protect and exploit their digital content online. Concise, easy-to-read, yet comprehensive in scope, The Handbook offers an analysis of E-copyright transactions in computer/software, sound recordings, literary works, motion pictures, television and audio visual works, and visual arts. it also covers: The elements of copyright infringement the intricacies of international copyright laws Copyright infringement actions the limitation of liability for online copyright infringement and copyright protection in cyberspace Up-to-the-minute coverage includes new statutes in copyright law including the Digital Millennium Copyright Act And The Uniform Copyright Information Technology Act. The Handbook 's user-friendly format provides easy access to practice tips,useful forms,an index of all the applicable statutes and a listing of additional legal resources for practitioners.