Intellectual Property in Common Law and Civil Law

Name: Intellectual Property in Common Law and Civil Law
Author: Edited by Toshiko Takenaka

9780857934369 Edward Elgar Publishing

Edited by Toshiko Takenaka, Washington Research Foundation/W. Hunter Simpson Professor of Technology Law, University of Washington, School of Law and Professor of Law, Keio Law School, Of Counsel, Seed IP Law Group, US

Publication Date: 2013 ISBN: 978 0 85793 436 9 Extent: 464 pp

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.

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

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