Trademark and unfair competition

著者

• Yu, Peter K.

書誌事項

Trademark and unfair competition

（Praeger perspectives, . Intellectual property and information wealth : Issues and practices in the digital age / edited by Peter K. Yu ; v. 3）

Praeger Publishers, 2007

• : set

注記

Includes bibliographical references and index

内容説明・目次

内容説明

Until recently, issues of intellectual property were relegated to the experts-attorneys, legal scholars, rightsholders, and technology developers who wrangled over interpretations and enforcement of copyright, patent, and trademark protections. But in today's knowledge-based economy, intellectual property protection has taken on fundamentally new proportions, as a subject of urgency for businesses (whose survival depends on protection of their intangible assets) and as a subject of cultural importance that grabs front-page headlines (as the controversy over Napster and high-profile revelations of plagiarism, for example, have illustrated). This landmark set of essays brings new clarity to the issues, as societies around the world grapple with the intricacies and complexities of intellectual property, and its impact on business, law, policy, and culture. Featuring insights from leading scholars and practitioners, Intellectual Property and Information Wealth provides rigorous analysis, historical context, and emerging practical applications from the public, private, and non-profit sectors. Volume 1 focuses on protections to novels, films, sound recordings, computer programs, and other creative products, and covers such issues as authorship, duration of copyright, fair use of copyrighted materials, and the implications of the Internet and peer-to-peer file sharing. Volume 2 explains the fundamental protections to inventors of devices, mechanical processes, chemical compounds, and other inventions, and examines such issues as the scope and limits of patent protection, research exemptions and infringement, IP in the software and biotech industries, and trade secrets. Volume 3 looks at the protections to distinctive symbols and signs, including brand names and unique product designs, and features chapters on consumer protection, trademark and the first amendment, brand licensing, publicity and cultural images, and domain names. Volume 4 takes the discussion to the global level, addressing a wide range of issues, including not only enforcement of IP protections across borders, but also their implications for international trade and investment, economic development, human rights, and public health.

目次

Introduction 1 Originality and Creativity in Copyright Law 2 Borrowing 3 Who Is an Author? 4 Authorship by Legal Fiction: Employers Copyrights in Works Made for Hire 5 Copyright Duration: Theories and Practice 6 Fair Use and Social Practices 7 First Sale? 8 Copyright Issues in Fandom 9 Copynorms: Copyright Law and Social Norms 10 Finding Safe Harbors for Speech: Internet Service Providers and Copyright Law 11 To Observe and Protect? How Digital Rights Management Systems Threaten Privacy and What Policymakers Should Do About It 12 Library Copyright Issues 13 Collective Rights Organizations 14 Creative Commons 15 Open Source Software and Information Wealth 16 Concentration in the Copyright Industries 17 Copyright Law and Black Musicians 18 The Propertization of Copyright 19 Virtual Property and the Overextension of Copyright Licensing Online 20 Resistance in the Digital World Index About the Editor and Contributors Volume II Introduction 1 Nonobvious as an Exercise in Gap Measuring 2 The On-Sale Bar 3 Doctrine of Equivalents 4 The Research Exemption to Patent Infringement: The Delicate Balance Between Current and Future Technical Progress 5 Patent Infringement Remedies 6 Patent Litigation and Licensing 7 Patent Misuse: From Inception to Modern Case Law 8 Nonobvoiusness: Looking Back and Looking Ahead 9 Patent Quality and Patent Reforms 10 Seed Wars: Controversies Over Access to and Control of Plant Genetic Resources 11 The Intended and Unintended Consequences of the Bayh-Dole Act 12 Reassessing the Anticommons Debate in Light of Biotechnology Patent Trends 13 A Global Controversy: The Role of Morality in Biotech Patent Law 14 Patents, Human Genome, and Medical Research 15 Software Patents 16 Technology Transfer and IP Management 17 Trade Secrets Index About the Editor and Contributors Volume III Introduction 1 Likelihood of Confusion 2 Initial Interest Confusion: The Diversion of Trademark Law 3 Scandalous and Immoral Trademarks 4 International Recognition and Protection of Famous and Well-Known Marks 5 Trademark Dilution 6 Trademark Fair Use or Bad Faith Analysis 7 First Amendment Limitations on Trademark Rights 8 Authorship and Trademark Law 9 Trade Dress Protection 10 A Critical Analysis of the Doctrine of Naked Licenses in Trademark Law 11 What's the Frequency, Kenneth? Channeling Doctrines in Intellectual Property 12 The Territorialitiy of United States Trademark Law 13 Clothing Designs 14 Domain Names Issues 15 Right of Publicity and Cultural Images 16 IP and Secured Financings 17 IP and Tax Index About the Editor and Contributors Volume IV Introduction 1 The Architecture of the International Intellectual Property System 2 Doing Deals with Al Capone: Paying Protection Money for Intellectual Property in the Global Knowledge Economy 3 The TRIPs Agreement 4 Challenges for International Harmonization of Intellectual Property Rights 5 Beyond FTA Negotiations 6 The Romance of the Public Domain 7 International Intellectual Property, Conflicts of Law, and Internet Remedies 8 Enforcement and Protection: Internal and External Considerations 9 Recognizing Authority in the Marketplace: The Curious and Ubiquitous Problem of Gray Markets 10 The EC Duration Directive and Its Legislative Background: An Example for the Complexity of the Harmonization of Laws in the European Community 11 Across the Pond and Back Again: Digital Database Protection in the European Union and the United States 12 Of Plant Variety Protection, Agricultural Subsidies, and the WTO 13 Geographical Indications 14 The Myth of Trademark Harmonization 15 When the Same Patent Means Different Things in Different Jurisdictions: A Comparative Analysis of Patent Interpretation 16 Indigenous Peoples and Emerging Protections for Traditional Knowledge 17 The Role of Intellectual Property in Promoting International Trade and Foreign Direct Investment 18 The Economics of Global Intellectual Property and Economic Development: A Survey 19 Intellectual Property, Biological Resources, and Traditional Knowledge 20 IP and Pubic Health 21 IP and the Development Agenda Index About the Editor and Contributors

「Nielsen BookData」 より

詳細情報

• NII書誌ID(NCID): BA80657203
• ISBN:
  • 0275988821
  • 9780275988852
• LCCN: 2006031062
• 出版国コード: us
• タイトル言語コード: eng
• 本文言語コード: eng
• 出版地: Westport, Conn.
• ページ数/冊数: ix, 452 p.
• 大きさ: 24 cm
• 分類:
  • LCC : KF2979
  • DC22 : 346.7304/8
• 件名:
  • LCSH : Intellectual property -- United States
  • LCSH : Copyright -- United States
• 親書誌ID:
  • BA69742750