Intellectual property in common law and civil law / edited by Toshiko Takenaka.

Format:

Book

Contributor:

Takenaka, Toshiko.

Language:

English

Subjects (All):

Intellectual property.

Design protection.

Industrial property.

Physical Description:

1 online resource (464 p.)

Place of Publication:

Cheltenham : Edward Elgar, 2013.

Language Note:

English

Summary:

Despite increasing worldwide harmonization of intellectual property, driven by US patent reform and numerous EU Directives, the common law and civil law traditions still exert powerful and divergent influences on certain features of national IP systems. Drawing together the views and experiences of scholars and lawyers from the United States, Europe and Asia, this book examines how different characteristics embedded in national IP systems stem from differences in the fundamental legal principles of the two traditions. It questions whether these elements are destined to remain diverged, and tri

Contents:

Cover; Copyright; Contents; Contributors; Preface; PART I Introduction; 1. Towards a history of patent law; PART II Patents; 2. Ordre public and morality issues in patent eligibility; 3. First-inventor-to-file under the America Invents Act: A view of first-to-file lawyer and a view of first-to-invent lawyer; 4. The inventive step and cooperative harmonization; 5. Equitable doctrines in international patent laws; PART III Copyright; 6. Tradition and change: The past and future of authors' moral rights; 7. Japan's copyright law revisions, disruptive innovation and user-generated content

8. The dragon and the white whale: Three steps test and fair use9. Fair use: A tale of two cities; PART IV Trademark and Unfair Competition; 10. Passing off and unfair competition regimes compared; 11. Trade dress; 12. A comparative analysis of the protection of geographical indications in the European Union and the United States under sui generis and trademark systems; PART V Enforcement and Infringement Remedies; 13. Extraterritorial enforcement; 14. Injunctive relief in patent cases in the US, Germany and Japan: Recent developments and outlook

PART VI Legal Aspects Common to all Branches of IP15. What the treatment of covenants not to compete teaches about intellectual property and competition norms; 16. Employee invention system: Comparative law perspective; 17. Exhaustion of intellectual property rights in the European Union; PART VII Appendix; 18. The patent laws of old; Index

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

0-85793-437-6

OCLC:

841907571