Global Issues in Intellectual Property Law
Authors:
Cross, John T. / Landers, Amy / Mireles, Michael / Yu, Peter
Edition:
1st
Copyright Date:
2010
13 chapters
have results for intellectual property
Chapter 1. Special Cross–Border Considerations in Intellectual Property Law 57 results (showing 5 best matches)
- The Agreement on Trade-related Aspects of Intellectual Property Rights (“TRIPS”) is the most comprehensive intellectual property treaty. It became effective on January 1, 1995, and is currently in force in more than 150 nations. TRIPS covers virtually all areas of intellectual property, and also touches upon issues of unfair competition.
- Intellectual property law is generally viewed as complex. Not only is the governing law complicated, but many of the cases deal with complicated technologies. These two factors raise the question of whether countries should adopt specialized intellectual property courts to enforce intellectual property rights. Article 41 of TRIPS sets forth certain minimum requirements that member states should adhere to, such as the establishment of effective enforcement proceedings, including remedies, and the preference for written decisions on the merits of cases. Nevertheless, Article 41(5) states explicitly that members are not required to “put in place a judicial system for the enforcement of intellectual property rights distinct from that for the enforcement of law in general.” While some countries have established specialized administrative bodies, trial courts and appellate courts to handle selected intellectual property law cases, others have not. A survey by the Intellectual Property and...
- Most casebooks for intellectual property survey courses focus exclusively on United States law, and infringements that occur within the boundaries of the United States. But with the steady growth in both international trade and activities on the Internet, it is increasingly common for parties outside the United States to copy a protected invention, work, mark, or trade secret. To what extent does United States intellectual property law—or, for that matter, the intellectual property law of any nation—protect a party against acts that occur in other nations?
- that sets the stage for international intellectual property law. The principle is quite simple: in most cases, a given intellectual property right exists only within the boundaries of the jurisdiction that grants the right. If a party with a copyright in one nation wants to obtain similar protection elsewhere, she must obtain a new copyright in the other nations.
- invention or work in multiple nations can be quite difficult if the intellectual property laws are inconsistent. In some situations, in fact, an act required by one nation for protection may result in forfeiture of intellectual property protection in other nations. The harmonization provisions try to iron out these differences. They do so generally not by mandating particular language for national laws, but instead by setting for each nation to meet as it sees fit. Member nations implement these standards by amending their domestic intellectual property laws to make them comply. Note that these minimum standards may require a nation to make significant changes to its law, some of which may be at odds with that nation’s intellectual property policy.
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Title Page 2 results
Table of Contents 7 results (showing 5 best matches)
- International Bar Association, Intellectual Property & Entertainment Law Committee, International Survey of Specialised Intellectual Property Courts and Tribunals
- Chapter 1. Special Cross–Border Considerations in Intellectual Property Law
- E. Limited Flexibilities: “General” Versus “Specialized” Intellectual Property Courts
- Code de la Propriété Intellectuelle [Intellectual Property Code] (France)
- Agreement on Trade–Related Aspects of Intellectual Property Rights
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Preface 5 results
- Although courses on international intellectual property law were rarely offered a decade ago, many law schools now offer seminars or classes in the subject. Casebooks on international intellectual property law have also appeared on the market. In addition, a growing number of instructors and textbook authors have now incorporated some international and comparative materials into the domestic course. Intellectual property is therefore an ideal topic for a book in the
- This book does not seek to paint a comprehensive picture of the international intellectual property system. Instead, it focuses on materials that we believe will best stimulate classroom discussion. The first chapter provides a brief overview of the international intellectual property system, focusing on the Berne and Paris Conventions, the TRIPS Agreement of the World Trade Organization, and treaties developed through the World Intellectual Property Organization. The remaining chapters highlight the differences between intellectual property laws and policies in the United States and those in other countries. Coverage includes copyrights, patents, trademarks, trade secrets, computer software, product designs, geographical indications, utility models, and rights of publicity.
- Intellectual property law, however, presents a special challenge to the approach taken in this Series. Unlike most other subject areas, there is a well-developed body of international and transnational intellectual property laws. It is both interesting and pedagogically useful to compare intellectual property laws and policies in the United States with those in other countries. Moreover, international law, multilateral treaties, and their resulting obligations have a tremendous influence on the development of domestic laws, such as the imposition of minimum—and, on rare occasions, maximum—standards. Such development also has a significant impact on the domestic economy, regulatory policies, and the local business environment. Accordingly, we consider comparative, international, and transnational questions in this
- Written with a domestic intellectual property survey course in mind, this book can be assigned as a companion text, optional reading, or even as a stand alone text for a short international intellectual property seminar that builds on a pre-existing domestic survey course. The introductory notes for each substantive area and the notes and questions sections were specially designed to facilitate understanding without consultation of outside sources. We do not anticipate readers to have prior training or background in international law.
- While we have different interests, perspectives, and pedagogical approaches, this book represents our best effort to “harmonize” our views to provide a unified whole, which perceptive readers may find sometimes different from our individually authored works. Principal responsibility was divided as follows: John authored the sections on special cross-border considerations, the protection of product designs and utility models, and other forms of intellectual property. Amy and Mike authored the sections on patents and trademarks and similar indicia. Peter authored the section on copyrights.
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Chapter 3. Copyrights 15 results (showing 5 best matches)
- The ordinary meaning of the term “interests” may encompass a legal right or title to a property or to use or benefit of a property (including intellectual property). It may also refer to a concern about a potential detriment or advantage, and more generally to something that is of some importance to a natural or legal person. Accordingly, the notion of “interests” is not necessarily limited to actual or potential economic advantage or detriment.
- marketplace for the United States and other developed countries, it provides for many less developed countries an important leapfrogging tool to catch up with their more developed counterparts. To take advantage of this leapfrogging tool, less developed countries pushed aggressively for the recognition of the importance of access to information and knowledge in the recent World Summit on the Information Society. In that forum, and elsewhere, they have also questioned the compatibility of intellectual property protection with their development goals. Their position is understandable. As James Boyle noted in the early days of the Internet, “[t]he intellectual property regime could make or break the educational, political, scientific, and cultural promise of the Net.” Thus, strong intellectual property protection not only may not be in the interest of less developed countries, but may take away their rare opportunities to catch up with their more developed counterparts.
- Code de la Propriété Intellectuelle [Intellectual Property Code] (France)
- Agreement on Trade–Related Aspects of Intellectual Property Rights
- court’s assumption that copyrighted works are always available in both protected and unprotected formats is invalid even in developed countries, it is particularly problematic in the less developed world, which faces an acute shortage of copyrighted works. As the U.K. Commission on Intellectual Property Rights observed:
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Chapter 6. Other Forms of Intellectual 10 results (showing 5 best matches)
- As you have seen throughout this book, the international intellectual property treaty regime requires nations to afford a base level of protection for most of the major types of intellectual property, including patents, copyrights, trademarks, and designs. However, the treaties are largely silent on the appropriation torts set out in this Chapter. While Berne, Paris, and TRIPS do not preclude a nation from protecting an unfixed idea or a celebrity’s
- 2. TRADE SECRETS IN INTERNATIONAL INTELLECTUAL PROPERTY LAW
- Trade secrets fall somewhere in between these two extremes, as certain treaty provisions do suggest that some trade secret protection is required. The first treaty to broach the subject was the Paris Convention. While most of Paris deals with well-established forms of intellectual property, Article 10
- The notion that a party ought to be able to reap the fruits of its creative activity lies at the very core of intellectual property law. But aside from situations where this principle has been incorporated by statute, as in the patent, copyright, and trademark laws, courts have had considerable difficulty applying the general principle set out in
- ), although both are protected to a significant extent. French law imposes liability either when there has been a breach of confidence, or when the appropriation of the secret qualifies as unfair competition. Do not assume, however, that nations agree that trade secret protection is a form of intellectual property rights. Many nations invoke business law, especially the law of employer-employee relations, to deal with commercially valuable secret information.
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Chapter 2. Patents 15 results (showing 5 best matches)
- 1. After considering the problems with protecting traditional knowledge by intellectual property protection in Chapter 2.C and the prior excerpt, should traditional knowledge receive sui generis protection? If so, in what form? What are the goals behind such protection? For a discussion of the different goals behind the protection of traditional knowledge, see generally Peter K. Yu,
- 2. In light of the limitations imposed by the Intellectual Property Clause of the United States Constitution (Article I, Section 8, Clause 8), could the United States move to a first-to-file system—and if so, how?
- 3. Some countries, such as India, have used databases to ensure that their traditional knowledge is prior art and to prevent the patenting of such important knowledge. How effective are these databases? What are their strengths and weaknesses? Note that the creation of these databases is significantly different from introducing intellectual property laws to allow for greater exploitation of traditional knowledge.
- The protection of Traditional Knowledge (TK) has become one of the major issues in the area of the intellectual property. While some advocate establishing a sui generis regime to protect TK, others consider existing intellectual property (IP) system is appropriate to protect TK. From a social welfare perspective, the establishment of a sui generis regime is not efficient if the existing IP regime is already adequate to protect TK…. As China is one of the largest TK holding countries in the world and the Chinese Patent Law has been the longest implemented patent regime on traditional medicinal knowledge protection since 1993, Chinese patent experience on TK protection becomes particularly relevant for the current debate….
- There are several reasons. For example, the cost of regulatory approval may be high. Some of these companies may also choose to forego distribution in some nations entirely, especially those that do not offer strong intellectual property protection.
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Chapter 4. Trademarks and Similar Indicia 15 results (showing 5 best matches)
- Trademarks and Traditional Knowledge and Cultural Intellectual Property
- As discussed in depth in Chapter 1, intellectual property rights are generally considered territorial to a particular nation or region. This principle has some applicability in trademark law, although with less stringency than the other areas of intellectual property law. Nonetheless, borders have not yet become completely irrelevant and, in some instances, may still present some practical problems in establishing and enforcing trademarks worldwide. As an example, both the Federal and Fifth Circuits have held that a mark holder’s use of a mark in commerce within Japan did not establish rights under United States trademark law.
- The International Intellectual Property Roots of Geographical Indications
- The nature of the GI within the larger framework of intellectual property is not entirely settled. Furthermore, the law of GIs raises difficult historic, political, and economic policy choices. Practical considerations arise as well. For example, the region which has made Roquefort cheese based on techniques dating back to 49 A.D. may question the label “Roquefort” as a flavor of salad dressing that was recently made in an Illinois factory. As one source observes:
- To assert the necessity of GI protection is, in part, to assert the importance of local culture and tradition in the face of ever-encroaching globalization. The GI question is as a result linked to larger, politically sensitive debates about the proper level of protection for farmers and rural communities, the degree to which international law ought to trench upon questions of culture and tradition, the necessity of intellectual property rights and, above all, the importance of economic competition. The GI debate, moreover, chiefly exhibits not the North–South division so familiar to international lawyers, but rather a less common
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Global Issues Series 2 results
Chapter 5. The Protection of Product Designs and Utility Models 6 results (showing 5 best matches)
- 4. Many developing countries introduce utility models as a means to catch up with other developed countries. The U.K. Commission on Intellectual Property Rights, for example, observed:
- than performance or quality. Unlike copyright, however, design protection is available only for useful articles of manufacture; items which fall more within the realm of patent law. Indeed, in many nations this area of intellectual property law is called the law of “industrial design.” Separating the useful from the aesthetic can often prove to be a major issue in product design law.
- Compared to all other forms of intellectual property, patent protection is far and away the most difficult to obtain. Patent’s novelty and non-obviousness/inventive step requirements mean that relatively few inventions will qualify for a patent. In addition, the need for extensive analysis of the prior art, combined with the laborious process of claim drafting, make the process of obtaining a patent very expensive and time consuming. The net result of this situation is that a number of commercially valuable inventions receive no significant legal protection at all—whether because they do not qualify for patent or because the inventor does not want to incur the expense—leaving competitors free to copy the invention.
- A review of national utility model laws can quickly result in considerable confusion. This confusion stems in large part from the fact that the term “utility model protection” is not yet a term of art in the field of intellectual property. Instead, the same term is used to describe what are in truth three very different types of laws. The first is the “minimal examination patent.” Under this model, a party may obtain protection without any significant government examination of the invention (other than as to formalities such as a proper description). The tradeoff for this lesser showing is that the
- “(1) Design right is a property right which subsists in accordance with this Part in an original design.
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Acknowledgements 3 results
- , Feb. 2002, at 48. Reprinted by permission of Bryan Thompson, the law firm of A.J. Park, and Managing Intellectual Property.
- L. 238 (2007). Reprinted by permission of Zohar Efroni and the International Review of Intellectual Property and Competition Law.
- Peter would like to thank his deans, colleagues, and students at both Drake University Law School and Michigan State University College of Law for their support, and his colleagues and students at Benjamin N. Cardozo School of Law at Yeshiva University for getting him started on thinking seriously about international intellectual property issues. He is also grateful to Mike Mireles for initiating this project and bringing the team together and to Elizabeth Townsend–Gard and Tulane University Law School for providing the venue for an organizational workshop at an early stage of this book.
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- Publication Date: February 11th, 2010
- ISBN: 9780314179531
- Subject: Intellectual Property
- Series: Global Issues
- Type: Global Issues
- Description: This book is designed to facilitate the introduction of international, transnational, and comparative law issues into a domestic Intellectual Property course. The book is very accessible for law students and their professors. The book can be assigned or recommended as optional reading to supplement a domestic-only course to advance the students’ understanding of their own system.
