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The Global Challenge of Intellectual Property Rights
The importance of intellectual property rights is now well established as a vital component in the success of firms and of nations. The diverse contributors to this volume, drawn from the fields of law, business and economics, clarify and analyze the problems and promise of IP policy from a global perspective. They discuss both developed and emerging nations and advance the understanding of this increasingly important topic.
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Critical Acclaim
Contributors
Contents
More Information
The importance of intellectual property rights is now well established as a vital component in the success of firms and nations. The diverse contributors to this volume, drawn from the fields of law, business and economics, clarify and analyze the problems and promise of IP policy from a global perspective. They discuss both developed and emerging nations and advance the understanding of this increasingly important topic.
The articles address issues from an interdisciplinary focus with an emphasis on current topical issues. Topics addressed include intellectual rights protection in emerging nations such as China, an exploration of a specific cross-national intellectual property perspective, strategies for protecting intellectual property rights, and a guide to understanding emerging and non-western legal systems. A mix of theoretical and practical observations helps the reader navigate the increasingly international topic of intellectual property as well as offers strategies for optimal utilization of intellectual property assets. The volume serves well both as a solution-oriented book and as a tool for facilitating further discussion and analysis in the classroom.
Scholars and students in law, business and economics, as well as business practitioners interested in a global perspective on IP policy, will enjoy this book.
The articles address issues from an interdisciplinary focus with an emphasis on current topical issues. Topics addressed include intellectual rights protection in emerging nations such as China, an exploration of a specific cross-national intellectual property perspective, strategies for protecting intellectual property rights, and a guide to understanding emerging and non-western legal systems. A mix of theoretical and practical observations helps the reader navigate the increasingly international topic of intellectual property as well as offers strategies for optimal utilization of intellectual property assets. The volume serves well both as a solution-oriented book and as a tool for facilitating further discussion and analysis in the classroom.
Scholars and students in law, business and economics, as well as business practitioners interested in a global perspective on IP policy, will enjoy this book.
Critical Acclaim
‘The high standards of this book derive from its authors and editors’ inter-disciplinary views on the global scenario of intellectual property laws and policy. This fine inter-disciplinary collection of papers from leading worldwide authors explores issues/challenges relating to intellectual property laws and policy in main economic zones, focusing on recent developments in two fast growing economies, India and China. . . This book is an excellent piece of inter-disciplinary approach on IP law policy worldwide and is an up-to-date resource for legal academics, lawyers, industry, economist and IP policymakers worldwide. The well-researched essays provide comprehensive analysis of the individual topics. The editors have done a commendable job of grouping together the relevant essays to assist readers to locate material relevant to their interests.’
– Avinash Dadhich, Communications Law
‘. . . a gratifying collection of informed and engaging contributions.’
– John A. Tessensohn, European Intellectual Property Review
– Avinash Dadhich, Communications Law
‘. . . a gratifying collection of informed and engaging contributions.’
– John A. Tessensohn, European Intellectual Property Review
Contributors
Contributors: R.C. Bird, D.R. Cahoy, L.A. DiMatteo, S.M. Greene, G.T. Haley, U.C.V. Haley, S.C. Jain, D. Lippoldt, W.F. McLean, L.J. Oswald, M.A. Pagnattaro, L.M. Ponte, D.G. Richards, R.E. Thomas, V.C. Vivekanandan, B. Yeung, P.K. Yu, M. Zhao
Contents
Contents:
Preface
PART I: INTRODUCTION
1. The Continuing Challenge of Global Intellectual Property Rights
Robert C. Bird and Subhash C. Jain
PART II: DEVELOPED NATIONS IN A GLOBAL MARKET
2. Unifying the International Law of Business Method and Software Patents
Larry A. DiMatteo and Robert E. Thomas
3. Secondary Liability for Intellectual Property Law Infringement in the International Arena: Framing the Dialogue
Lynda J. Oswald
4. Coming Attractions: Opportunities and Challenges in Thwarting Global Movie Piracy
Lucille M. Ponte
PART III: INDIA AND CHINA
5. Protecting Well Known Marks in China: Challenges for Foreign Mark Holders
Stephanie M. Greene
6. India: A Study in Patent-Law Effects
George T. Haley and Usha C.V. Haley
7. Employee Disclosures of Trade Secrets in China: Prevention Strategies
Marisa Anne Pagnattaro
8. The Indian Patent Matrix: Issues in Patent Amendment 2005
V.C. Vivekanandan
9. Intellectual Property, Foreign Direct Investment and the China Exception
Peter K. Yu
PART IV: VALUE CAPTURE AND RETENTION STRATEGIES
10. Protecting Unconventional Trademarks in the European Union and the United States
Willajeanne F. McLean
11. National IPR Policies and Multinational R&D Strategies: An Interactive Perspective
Minyuan Zhao and Bernard Yeung
PART V: PERSPECTIVES OF EMERGING NATIONS
12. The Vulnerability of Middle Developed Countries to Changes in Foreign Investment Arising from Intellectual Property Appropriation
Robert C. Bird and Daniel R. Cahoy
13. Intellectual Property Reform in Developing Countries: Trade and Investment Dimensions
Douglas Lippoldt
14. A Skeptic’s View of Intellectual Property Rights
Donald G. Richards
Index
Preface
PART I: INTRODUCTION
1. The Continuing Challenge of Global Intellectual Property Rights
Robert C. Bird and Subhash C. Jain
PART II: DEVELOPED NATIONS IN A GLOBAL MARKET
2. Unifying the International Law of Business Method and Software Patents
Larry A. DiMatteo and Robert E. Thomas
3. Secondary Liability for Intellectual Property Law Infringement in the International Arena: Framing the Dialogue
Lynda J. Oswald
4. Coming Attractions: Opportunities and Challenges in Thwarting Global Movie Piracy
Lucille M. Ponte
PART III: INDIA AND CHINA
5. Protecting Well Known Marks in China: Challenges for Foreign Mark Holders
Stephanie M. Greene
6. India: A Study in Patent-Law Effects
George T. Haley and Usha C.V. Haley
7. Employee Disclosures of Trade Secrets in China: Prevention Strategies
Marisa Anne Pagnattaro
8. The Indian Patent Matrix: Issues in Patent Amendment 2005
V.C. Vivekanandan
9. Intellectual Property, Foreign Direct Investment and the China Exception
Peter K. Yu
PART IV: VALUE CAPTURE AND RETENTION STRATEGIES
10. Protecting Unconventional Trademarks in the European Union and the United States
Willajeanne F. McLean
11. National IPR Policies and Multinational R&D Strategies: An Interactive Perspective
Minyuan Zhao and Bernard Yeung
PART V: PERSPECTIVES OF EMERGING NATIONS
12. The Vulnerability of Middle Developed Countries to Changes in Foreign Investment Arising from Intellectual Property Appropriation
Robert C. Bird and Daniel R. Cahoy
13. Intellectual Property Reform in Developing Countries: Trade and Investment Dimensions
Douglas Lippoldt
14. A Skeptic’s View of Intellectual Property Rights
Donald G. Richards
Index