Intellectual property law and policy

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Intellectual property law and policy

edited by Hugh C. Hansen

Hart Pub., 2008-

  • v. 10
  • v. 11
  • v. 12

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Note

v. 10: "This volume is an edited version of...the Fordham University School of Law Fifteenth Annual Conference on Intellectual Property Law and Policy, held at Fordham April 12th and 13th, 2007"--P. [v]

Includes bibliographical references and index

Description based on v. 10

Description and Table of Contents

Volume

v. 10 ISBN 9781841138275

Description

Hart Publishing is pleased to announce that it has recently become publisher of this prestigious and much valued work. The 15th Annual volume in the series collects the presentations and discussion from the Annual Fordham IP Conference. The contributions, by leading world experts, analyze the most pressing issues in copyright, trademark and patent law as seen from the perspectives of the USA, the EU, Asia and WIPO. This volume, in common with its predecessors, seeks to make a lasting contribution to discourse in IP law; few of the chapters are merely descriptive, and most raise questions of policy or discuss new developments. Praise for the Fordham International Intellectual Property Conference: "This must be one of the most enjoyable and thought-provoking conferences in the IP field. The high quality of the speakers is matched by the intense, audience-led debates and challenges which follow." Hugh Laddie, (formerly Mr. Justice Laddie) University College, London and consultant to Rouse & Co, Willoughby & Partners. "Faculty for this conference are always well-known 'names' well respected leaders in their fields, speaking with a combination of candor and timeliness that is unrivaled by any other forum of its kind." The Honorable Marybeth Peters, Register of Copyrights, United States Copyright Office.

Table of Contents

SESSION I: PLENARY SESSION The Next Ten Years in Intellectual Property Law: What Should Happen? What Will Happen? Part A: The Next Ten Years in WIPO and WTO Part B: The Next Ten Years in Trademarks Part C: The Next Ten Years in Copyright 29 Part D: The Next Ten Years in Patents Part E: The Next Ten Years of IP Law in the U.S. Supreme Court Part F: The Next Ten Years of IP Law in the European Court of Justice SESSION II: COPYRIGHT Unauthorized Use of Works on the Web: What Can Be Done? What Should Be Done? Part A: Legality of Unauthorized Use Part B: Non-Copyright Legal Solutions Part C: Copyright Issues in Online Music SESSION III: PATENT Part A: Non-Obviousness and Inventive Step: A Comparative View Part B: Extraterritoriality and Related Principles: To What Extent Have and Should National Courts Apply their Domestic Patent Laws and Policies to Activities in Other Countries? Part C: Patentable Subject Matter: The Road Ahead for Software and Business Method Patents SESSION IV: ANTITRUST/COMPETITION LAW & INTELLECTUAL PROPERTY Part A: Standard Setting and Competition Issues Part B: Refusals to License Part C: Intellectual Property and Competition Policy on Parallel Trade SESSION V: PATENT Part A: Japanese IP Developments Part B: EU Legislative and Related Developments Part C: Courthouse Relationships: The Federal Circuit and the Supreme Court, The Court of Appeal and the House of Lords, Member State Courts and the Court of Justice SESSION VI: HUMAN RIGHTS & INTELLECTUAL PROPERTY SESSION VII: TRADEMARK Part A: Trademark Law Developments in the European Union Part B: Third-Party Uses of Trademarks: Search Engines and Key Words Part C: Dilution: A Review of Recent Developments Part D: Functionality and Protection of Product Configuration Marks SESSION VIII: COPYRIGHT Part A: Canada, Australia and New Zealand Part B: The Recasting of Copyright and Related Rights in the European Union - What Should the EU Do? What Will the EU Do? Part C: WIPO Broadcasting Treaty and the Politics of Intellectual Property Part D: Exclusive Rights v. Global Remuneration Part E: Developments in the Copyright Office and Congress SESSION IX: PATENT Part A: A View From the Trenches Part B: MedImmune: What Is a Case or Controversy Without Reasonable Apprehension? Implications for Licensors, Licensees and the Rest of Us Part C: Patent Law Reform SESSION X: COPYRIGHT Part A: Intellectual Property Law and Design Part B: The Three-Step Test: Is It Out of Step? Part C: Copyright Law in the 21st Century: Some Empirical and Theoretical Considerations Concerning Fair Use, Tolerated Use, Indeterminate Protection, and Compulsory Licensing SESSION XI: TRADEMARK From Communication to Thing: When Were Trademarks First Conceptualized and Treated as Property. Does it Matter? SESSION XII: TRADE Part A: Thailand and Compulsory Licenses Part B: Trade Policy in Intellectual Property: Policy, Priorities, and Emerging Issues Part C: India, IP Developments and TRIPs Part D: TRIPs and China: Should a Case be Brought? - Will it be Brought? Appendix: The Next Ten Years in EU Copyright: Making Markets Work
Volume

v. 11 ISBN 9781841139968

Description

This is the 16th Annual volume in the series collecting the presentations and discussion from the Annual Fordham IP Conference. The contributions, by leading world experts, analyse the most pressing issues in copyright, trademark and patent law as seen from the perspectives of the USA, the EU, Asia and WIPO. This volume, in common with its predecessors makes a valuable and lasting contribution to the discourse in IP law. The contents, while always informative, are also critical and questioning of new developments and policy concerns. Praise for the series: "This must be one of the most enjoyable and thought-provoking conferences in the IP field. The high quality of the speakers is matched by the intense, audience-led debates and challenges which follow." The Honourable Mr Justice Laddie, Royal Courts of Justice, London "Faculty for this conference are always well-known 'names' _ well respected leaders in their fields, speaking with a combination of candor and timeliness that is unrivaled by any other forum of its kind." Honorable Marybeth Peters, Register of Copyrights, United States Copyright Office.

Table of Contents

Foreword Acknowledgements List of Sponsors Welcoming Remarks In Memoriam: Sir Nicholas Pumfrey Hugh C. Hansen Robert van Perseum Christopher Floyd Robin Jacob David Neuberger I. Corporations & IP in a Challenging World Part A: General Counsels' Roundtable: A View from the Top II. Developments in European Union IP Law Part A: Legislative Developments in European Union IP Law Part B: European Court of Justice and IP Law III. Developments in the U.S. Supreme Court Part A: The U.S. Supreme Court & IP Law IV. Copyright Law Part A: World Developments Part B: Copyright and Music Part C: Copyright in a Web 2.0 World Part D: Copyright Exceptions and Limitations V. Patent Law Part A: The Scope of Patentable Subject Matter: What is Afoot? Part B: Nonobviousness/Inventive Step Part C: U.S. Patent & Trademark Offi ce - USPTO Rule Changes: Should the PTO Part D: Patent Infringement Part E: Patent Law World Developments VI. Trademark Law Part A: Trademark and Design Law Developments in the European Union Part B: The Right of Publicity Developments in the United States and Europe Part C: Protection for Famous and Well-known Marks Part D: Event-Driven Marks and "Ambush" Marketing VII. International Trade & Intellectual Property Part A: Multilateral and Bilateral Relations Part B: The Development Agenda - Current Issues with Regard to the Development Part C: China & Intellectual Property - IP Developments in China Part D: Parallel Imports VIII. Competition Law Interplay with IP Law Part A: Microsoft, the CFI, and the Aftermath in the European Union and United States Part B: Antitrust/Competition Laws and Agencies: Global Cooperation? Convergence or Divergence? Part C: Member States' Competition Enforcement in the European Union Part D: Standards Setting - The Interplay with IP and Competition Law

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