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Intellectual Property in Common Law and Civil Law
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 tries to identify common ground that might facilitate a form of harmonization.
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Critical Acclaim
Contributors
Contents
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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 tries to identify common ground that might facilitate a form of harmonization.
Containing the most current and up-to-date IP issues from a global perspective, this book will be a valuable resource for IP and comparative law academics, law students, policy makers, as well as lawyers and in-house counsels.
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 tries to identify common ground that might facilitate a form of harmonization.
Containing the most current and up-to-date IP issues from a global perspective, this book will be a valuable resource for IP and comparative law academics, law students, policy makers, as well as lawyers and in-house counsels.
Critical Acclaim
‘Intellectual Property in Common Law and Civil Law presents the perspectives of common as well as civil law, on global IP Law’s most pertinent issues ranging from inventive step all the way to injunctive relief. Edited by Professor Takenaka, director of the University of Washington’s renowned Center for Advanced Studies and Research on IP (CASRIP), the book assembles deep but easy to read essays by some of the world’s leading IP scholars. In short, IP Law’s most important issues from a global perspective; by the world’s leading scholars, yet in a nutshell. Excellent!’
– Christoph Ann, Technische Universität München, Germany
‘All in all, the book represents an interesting approach to the complex topic of international and comparative intellectual property rights.’
– Christopher Heath, International Review of Intellectual Property and Competition Law
– Christoph Ann, Technische Universität München, Germany
‘All in all, the book represents an interesting approach to the complex topic of international and comparative intellectual property rights.’
– Christopher Heath, International Review of Intellectual Property and Competition Law
Contributors
Contributors: M.J. Adelman, T. Bodewig, G.E. Evans, M. Franzosi, S. Ghosh, S.J Jong, J. Krauß, M. LaFrance, A.L. Landers, S. Mehra, S.H. Naeve, F. Pollaud-Dulian, C. Rademacher, Y. Reboul, B. Sherman, J. Straus, M.T. Sundara Rajan, T. Takenaka, M. Trimble
Contents
Contents:
Preface
PART I: INTRODUCTION
1. Towards a History of Patent Law
Brad Sherman
PART II: PATENTS
2. Ordre Public and Morality Issues in Patent Eligibility
Joseph Straus
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
Toshiko Takenaka with Martin J. Adelman
4. The Inventive Step and Cooperative Harmonization
Amy L. Landers
5. Equitable Doctrines in International Patent Laws
Jan Krauß
PART III: COPYRIGHT
6. Tradition and Change: The Past and Future of Authors’ Moral Rights
Mira T. Sundara Rajan
7. Japan’s Copyright Law Revisions, Disruptive Innovation and User-generated Content
Salil Mehra
8. The Dragon and the White Whale: Three Steps Test and Fair Use
Frédéric Pollaud-Dulian
9. Fair Use: A Tale of Two Cities
Sang Jo Jong
PART IV: TRADEMARK AND UNFAIR COMPETITION
10. Passing Off and Unfair Competition Regimes Compared
Mary LaFrance
11. Trade Dress
Signe H. Naeve
12. A Comparative Analysis of the Protection of Geographical Indications in the European Union and the United States under Sui Generis and Trademark Systems
Gail E. Evans
PART V: ENFORCEMENT AND INFRINGEMENT REMEDIES
13. Extraterritorial Enforcement
Marketa Trimble
14. Injunctive Relief in Patent Cases in the US, Germany and Japan: Recent Developments and Outlook
Christoph Rademacher
PART VI: LEGAL ASPECTS COMMON TO ALL BRANCHES OF IP
15. What the Treatment of Covenants Not to Compete Teaches About Intellectual Property and Competition Norms
Shubha Ghosh
16. Employee Invention System: Comparative Law Perspective
Toshiko Takenaka and Yves Reboul
17. Exhaustion of Intellectual Property Rights in the European Union
Theo Bodewig
PART VII: APPENDIX
18. The Patent Laws of Old
Mario Franzosi
Index
Preface
PART I: INTRODUCTION
1. Towards a History of Patent Law
Brad Sherman
PART II: PATENTS
2. Ordre Public and Morality Issues in Patent Eligibility
Joseph Straus
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
Toshiko Takenaka with Martin J. Adelman
4. The Inventive Step and Cooperative Harmonization
Amy L. Landers
5. Equitable Doctrines in International Patent Laws
Jan Krauß
PART III: COPYRIGHT
6. Tradition and Change: The Past and Future of Authors’ Moral Rights
Mira T. Sundara Rajan
7. Japan’s Copyright Law Revisions, Disruptive Innovation and User-generated Content
Salil Mehra
8. The Dragon and the White Whale: Three Steps Test and Fair Use
Frédéric Pollaud-Dulian
9. Fair Use: A Tale of Two Cities
Sang Jo Jong
PART IV: TRADEMARK AND UNFAIR COMPETITION
10. Passing Off and Unfair Competition Regimes Compared
Mary LaFrance
11. Trade Dress
Signe H. Naeve
12. A Comparative Analysis of the Protection of Geographical Indications in the European Union and the United States under Sui Generis and Trademark Systems
Gail E. Evans
PART V: ENFORCEMENT AND INFRINGEMENT REMEDIES
13. Extraterritorial Enforcement
Marketa Trimble
14. Injunctive Relief in Patent Cases in the US, Germany and Japan: Recent Developments and Outlook
Christoph Rademacher
PART VI: LEGAL ASPECTS COMMON TO ALL BRANCHES OF IP
15. What the Treatment of Covenants Not to Compete Teaches About Intellectual Property and Competition Norms
Shubha Ghosh
16. Employee Invention System: Comparative Law Perspective
Toshiko Takenaka and Yves Reboul
17. Exhaustion of Intellectual Property Rights in the European Union
Theo Bodewig
PART VII: APPENDIX
18. The Patent Laws of Old
Mario Franzosi
Index
