US Intellectual Property Law and Policy (Google eBook)
Hugh C. Hansen
Edward Elgar Publishing, Jan 1, 2006 - Law - 224 pages
US Intellectual Property Law and Policy provides a selection of well-written essays critically examining the direction of US IP law. Simon Teng, Journal of Intellectual Property Law and Practice . . . an interesting, informative, and enjoyable book. It may be of special interest to Australian students, scholars and practitioners seeking to undertake comparative analysis between Australian and US IP law, particularly in view of the recent Free Trade Agreement. Louise Buckingham, Copyright Reporter The challenging and insightful essays in US Intellectual Property Law and Policy, a compilation by six of the best, if not the best, professors of intellectual property law in the United States . John A. Tessensohn, European Intellectual Property Review This book identifies and addresses the key principles and policies with regard to the protection of intellectual property in the United States. A select group of highly-regarded contributors illustrate several themes which are recurrent in the many debates concerning US law and policy on intellectual property. The need for a constant expansion of protectable subject matter is critically analyzed, especially in relation to trade mark and patent laws. The chapters within the book discuss a question of critical jurisprudential importance: have the legislature and the judiciary taken sufficient consideration of the different economic and constitutional rationales of intellectual property protection when extending the scope of intellectual property protection? A tentative agenda as to the future direction for both Congress and the courts to adopt, in light of the new technological changes which have affected all areas of intellectual property protection equally, is also suggested. Policymakers will find this book of great interest as will academics and students of intellectual property law and international law.
Chapter 1 State Street or Easy Street Is Patenting Business Methods Good For Business?
Chapter 2 From Having Copies to Experiencing Works The Development of an Access Right in US Copyright Law
Chapter 3 The Rational Limits of Trademark Law 2000
Chapter 4 Sixty Years of the Lanham Act The Decline and Demise of Monopoly Phobia
2d Cir 9th Cir access controls access right application assignment in gross beneﬁts business method patents canons of claim claim construction claim interpretation competition computer programs Congress constitutional consumer copyright owners copyright protection Corp cybersquatting database decision defendantís deﬁnes difﬁcult dilution Dinwoodie doctrine of equivalents domain name economic Eldred European exclusive rights Federal Circuit Feist ﬁeld ﬁnd ﬁnding ﬁrms ﬁrst goodwill inﬂuence inherently distinctive intellectual property invention issue Judge Rich junior userís justiﬁcation Lanham Act legislation likelihood of confusion limits Lotus mark monopoly Pamela Samuelson patent claims patent law prior art property rights purchasers Qualitex quality control rationale reﬂects reverse confusion rule scope Sega senior user signiﬁcant speciﬁcation subject matter sufﬁcient Supp supra note Taco Cabana trade dress trademark law trademark owner trademark protection trademark rights U.S. copyright law U.S. patent U.S. Supreme Court USPQ2d WIPO Copyright Treaty