Friday, December 31, 2010

Intellectual Property: Examples & Explanations, Third Edition

Intellectual Property: Examples & Explanations, Third EditionKeeping up with the fast pace of change in Intellectual Property, the third edition of Intellectual Property: Examples & Explanations offers timely coverage of central concepts in the proven-effective Examples & Explanations format. Student-friendly, concise, and timely, Intellectual Property: Examples & Explanations features: complete coverage keyed to the leading IP casebooks for the survey course proven-effective Examples & Explanations pedagogy that fills in any gaps in students understanding of casebook assignments consistent emphasis on central concepts, without digressing into more advanced topics free-standing chapters that are easily adapted to any course structure and make this study guide useful to as a reference throughout the semester Key Conceptsand Policy Issues highlighted in each chapter Updated throughout, the Third Edition includes: new developments effecting Internet service providers new material on patents, including landmark Supreme Court cases (on first sale, injunctions, patentable subject matter, licensing, declaratory judgments, nonobviousness, infringement abroad, and experimental use) and key Federal Circuit cases minimum statutory damages for downloading musicoriginality copyright in forms, digital images of public domain works DMCA anticurcumvention provisions new exemptions cases protecting legitimate uses of copyright protected works First Amendment limits on Congress's power to expand copyright protection international issues, such as copyright restoration for foreign works, and scope of protection abroad for US works copyright protection for databases, software, and orphan works consumers licensing, such as click-through copyright licenses and arbitration clauses new material on fair use thumbnail images in search engines Google Book case Turnitin, on-line plagiarism protection Public records in private databases Legal documents new cases on audio books, sampling, and data use restrictions new material on patents, including landmark Supreme Court cases and key Federal Circuit cases new material on trademark Trademark Dilution Revision Act use of trademarks as keywords in search engine advertising unauthorized use of trademarks in video games and films cases on likelihood of confusion standard, scope of international protection, functionality of trade dress, and fair use of trademarks new material on trade secret, such as remedies, reverse engineering, and government use of trade secret information new material on state intellectual property law, such as First Amendment limits on right of publicity; unjust enrichment and Intellectual Property law; scope of employee invention assignment agreements; preemption by federal law Intellectual Property is a big field and continually in the throes of change. Stephen M.McJohn keeps his coverage focused and current in Intellectual Property: Examples & Explanations, Third Edition. For a complete, concise, and clear introduction to central IP concepts, trust the proven-effective Examples & Explanations methodology to convey Intellectual Property concepts to your students.

Price: $47.95


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Intellectual Property in the New Technological Age: Fifth Edition

Intellectual Property in the New Technological Age: Fifth EditionIn the fifth edition of Intellectual Property in the New Technological Age, luminary authors Merges, Menell and Lemley continue to offer broad, accessible coverage of the full range of legal protections for intellectual property. Including seminal and cutting-edge cases and materials, this landmark casebook incorporates practice problems that encourage students to think like practitioners.

Timely and forward thinking, the authors of Intellectual Property in the New Technological Age offer:
- Complete coverage of basic and cutting-edge Intellectual Property law issues;
- An excellent selection of cases and materials;
- Practice problems that develop students' skills in applying the law;
- A law and economics perspective;
- Detailed treatment of new media issues, such as computer software;
- An introduction to biotechnology and the latest legal developments in the Statutory and Case Supplement;
- An Author Website with new cases and developments in IP law.

Updated throughout, the Fifth Edition offers:
- Revised patent materials that include the Bilski decision;
- Changes in patentable subject matter, obviousness, and the law of willfulness;
- New developments in digital copyright law and fair use;
- Trademark chapter revised to include dilution, merchandising, Internet keywords, Rescuecom v. Google, and fair use Software cases newly integrated into main chapters.

Price: $170.00


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Intellectual Property-Patents, Trademarks And Copyright in a Nutshell

Intellectual Property-Patents, Trademarks And Copyright in a NutshellAuthors Michael Davis and famed Harvard professor Arthur Miller provide authoritative coverage on the foundations of patent protection, patentability, and the patenting process. Presents the fundamentals of trademarks and copyright laws. Text further addresses torts and property, antitrust and government regulation, concepts of federalism and state, and federal conflicts.

Price: $35.00


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Intellectual Property Crunchtime 2009

Intellectual Property Crunchtime 2009

CrunchTime provides a comprehensive topic breakdown and critical information review all in one tool. The application flow charts can be used all semester long, but the capsule summaries are ideal for exam preparation. Each title offers capsule summaries of major points of law and critical issues , exam tips for identifying common traps and pitfalls, sample exam and essay questions with model answers, and recommended approaches for crafting essays that will get winning grades!

CrunchTime Series Features:

  • Capsule summary of subject matter
  • Condensed format
  • Flow charts illustrate major concepts
  • Multiple-choice questions with answers
  • Essay questions with model answers

Price: $34.95


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Thursday, December 30, 2010

Licensing Intellectual Property In The Information Age (Carolina Academic Press Law Casebook)

In addition to adding Jay Dratler, one of America s leading authorities on licensing intellectual property, and Barbara Wrigley, a practitioner with many years experience in the field, to the list of co-authors, the Second Edition of Licensing Intellectual Property in the Information Age (formerly Licensing Intellectual Property in the Digital Age) has been largely redone. Keeping the same basic structure, each chapter has been updated with the most current developments in licensing law. Chapter 2 now works as a much more efficient introduction to intellectual property. In addition to adding Jay Dratler, one of America s leading authorities on licensing intellectual property, and Barbara Wrigley, a practitioner with many years experience in the field, to the list of co-authors, the Second Edition of Licensing Intellectual Property in the Information Age (formerly Licensing Intellectual Property in the Digital Age) has been largely redone. Keeping the same basic structure, each chapter has been updated with the most current developments in licensing law. Chapter 2 now works as a much more efficient introduction to intellectual property. Additionally, with the inclusion of the Uniform Electronic Transactions Act in Chapter 8 and an entirely new chapter on Biotechnology, the book is now the most up-to-date and authoritative textbook available.

The book emphasizes application in actual situations, with chapters designed to simulate the work flow a lawyer is likely to face in the negotiation, formation, and enforcement of an intellectual property license.

Price: $90.00


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Licensing Intellectual Property: Law and Application

Licensing Intellectual Property: Law and ApplicationLicensing Intellectual Property: Law and Application is a streamlined and highly accessible casebook on the law of licensing and the application of licensing in practice. The authors painstakingly cover all aspects of licensing from the global:
Why is licensing the predominant transaction model for ideas and information?
Why and how do social policy decisions limit creative legal practice solutions?
To the particular: What are the most common licensing provisions?
What are the issues in various types of intellectual property licensing?


This exciting new casebook is imminently teachable and can be used in courses of varying length. Look for these distinguishing features:

user-friendly and accessible to students and instructors of varied backgrounds and levels of expertise
the authors carefully explain the legal and business context for licensing and provide students with a framework that enables them to understand why and how social policy shape creative legal practice solutions (e.g., limits from fair use, first-sale, and antitrust on contract)
clearly and concisely enumerates the basic substantive rules of licensing law and underlying policy concerns
explains why licensing is the predominant transaction model for ideas and information and why publishers, inventors, software developers, and others often use licensing as a transaction model
goes beyond familiar licensing transactions (e.g., an in-box license and an online 'clickwrap' agreement) to explore more sophisticated licenses and what clients (licensor or licensee) are trying to accomplish and why
covers alternative transaction models (e.g., first sale, public domain, assignment) so that students can help future clients assess the alternatives and choose the best-fitting transaction model
extensive discussion of timely topics such as free and open source software, technology transfers from universities and research institutions and the government, and licensing in litigation
introduces students to license drafting through a series of problems and drafting exercises
the authors website will offer additional drafting exercises and sample language
An exceptional, comprehensive Teacher s Manual will include:


sample license agreement language for drafting exercises, complete with commentary on how to evaluate student-drafted license language
guidance on how to use the book in courses of varying lengths (2, 3, or 4 credits)

detailed answers to all the problems in the book

additional suggested background materials on the relevant industries and technologies

additional suggested cases, statutes and law review articles

With its problem- and exercise-based approach Licensing Intellectual Property: Law and Application is the ideal casebook for the instructor who takes a practice-oriented approach to teach licensing law.

Price: $151.00


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Emanuel Law Outlines: Intellectual Property

Emanuel Law Outlines: Intellectual PropertyThe most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process.

Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks.

Emanuel Law Outline Features:
outline choice among law students
Comprehensive review of all major topics
Capsule summary of all topics
Cross-reference table of cases
Time-saving format

Price: $40.95


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Intellectual Property and Unfair Competition in a Nutshell (Nutshell Series)

Intellectual Property and Unfair Competition in a Nutshell (Nutshell Series)This Nutshell covers many areas of law under the unfair trade practices umbrella. These areas include unfair competition, antitrust, consumer protection, regulated industries, and labor. Covers intellectual property, trade secrets, and trademarks. Also touches on the law governing interference with contractual and non-contractual relations.

Price: $35.00


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Intellectual Property Stories 2005 (Law Stories)

Intellectual Property Stories 2005 (Law Stories)Intellectual Property Stories brings famous cases to life by telling the true, never-heard-before stories behind landmark Intellectual Property cases. Intellectual Property Stories is organized into six chapters, each drawing on cases in patents, copyrights, trademarks, or unfair competition, to illustrate the problems intellectual property law encounters. The works, inventions, and marks at issue in these cases vary widely.

Price: $40.00


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Essentials of Licensing Intellectual Property (Essentials (John Wiley))

Essentials of Licensing Intellectual Property (Essentials (John Wiley))Full of valuable tips, techniques, illustrative real-world examples, exhibits, and best practices, this handy and concise paperback will help you stay up to date on the newest thinking, strategies, developments, and technologies in licensing intellectual property.

Price: $34.95


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Thursday, December 16, 2010

Resolved Question: Who owns the intellectual property when a software company goes bankrupt?

During any Bankruptcy proceedings, the property is held by the Bankruptcy Trustee: Once all assets have been purged to cover outstanding debts, the trustee can tell you who the rightful owner is.. You will have to go to the bankruptcy court and look at the MATRIX to see whom the outstanding creditors are and ask the trustee to give you an inventory of how assets were distributed.

That is the only real way to know..


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Wednesday, December 15, 2010

Tuesday, December 14, 2010

Resolved Question: How can the safety of intellectual property be ensured?

The best way to protect intellectual property is to keep it in your head. Not very practical.

The second best way is to register it with your copyright office. That won't "protect" it, per se, but it will allow you to pursue legal action when an infringement is discovered.


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Resolved Question: What are the intellectual property policies concerning academic papers written for conferences or jo…

Generally speaking the journal in which a paper is published owns the copyright. They recover their costs (and make a profit) from selling access to the journal.

The broader questions of ownship of intellectual property and the universities is a huge issue. Each university has its own policy and, typically, a professor agrees to that policy by virtue of signing an employment contract. You could look at various universities' websites to see the variety of cases.


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Monday, December 13, 2010

Resolved Question: Why did the intellectual property rights start? who invented them?

In the United States, the Patent office was established around 1804 by Thomas Jefferson. The idea behind it was to promote innovation by trading an exclusive right to an inventor in exchange for publishing all the secrets to that invention. That is, the inventor has to make public how the invention works. They are protected for a period of time in that nobody else can sell their invention. But, in the meantime, others can see how the invention works and try to make something better. The inventor who has the patent is also encouraged to make improvements on their product knowing that their exclusive right to it won't last forever.

The idea of intellectual property goes back before that. The first use of it that I know of is the issuing of Copyrights to particular printers by the monarch of England. This allowed the monarch to have some control of the publishing of information but also enabled publishers to make a profit from publishing books and political treatises.

That doesn't answer all of your question but I hope it provides some information to you.


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Resolved Question: What are the requirements to being an intellectual property attorney?

I recently graduated from law school and am studying for the NY bar (didn't take July).

My undergraduate is in independent studies (yes, a quite useless degree).

Does practicing intellectual property require passing a separate bar (as does patent law does). Do I need a technical background? It is essentially a sub-practice of patent law?

And if the answer to the above is yes, is there a work around?

Thank you.


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Sunday, December 12, 2010

Resolved Question: Where do I get intellectual property than can be infringed upon?

Yahoo says that if my intellectual property has been infringed upon, I can file a complaint.

But first, I gotta find some intellectual property, and then someone to infringe on it. Any ideas?


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Resolved Question: intellectual property?

Sorry, I could not read the content fromt this page.

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Saturday, December 11, 2010

Resolved Question: How can I protect my intellectual property from being plagiarized, without patenting it?

(1) If you insist on not getting a patent, then you are insisting to forgo the measures that are intended to protect your intellectual property. So you really have no way of protecting that property. The only thing you can do is hide it from those who would want to duplicate it.

(2) Yes, the majority of useful and patentable ideas that come out of universities are patented. All major universities have programs or departments that facilitate the patenting of ideas and products. In fact, this is a major source of income for universities, so these departments are usually quite substantial and efficient. However, universities claim the patent rights to all work that is done by students using university resources, for university classes, or at university labs. This is quite similar to the way businesses retain the patent rights to the work of their employees, instead of the employees themselves having patent rights. What compensation the students get for their patented ideas depends on the university. Many schools give the 'inventor' some percentage of any profits as an incentive to patent, while others do not.


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Undecided Question: Is school work covered by intellectual property law?

There are plenty of examples of intellectual products that are covered by Intellectual Property laws (which vary from country to country, and perhaps even between states). Examples of those can be: music compositions, software, writing, etc. This might also lead to tangent subject such as patentability, but that's beside the subject of this question.

On the other hand, I'm under the impression that in academia the researchers don't have exclusive rights over their work. Instead it belongs to the institute. In case of articles published in peer reviewed journals, the authors sign the articles but the property rights are transferred to the publisher; the same happens to books, whose rights are transferred to the publisher given a compensation to the authors. In other words, the authors let go of the rights to (re)publish their work through a different publisher without previous consent (which makes sense).

However, I'm not sure to WHOM belongs work that is produced under a school project (i.e. part of academic curriculum). If someone on the University produces a brilliant piece of math, or software, as result of their school project, does it belong to the school or to its creator? Are intellectual property rights tacitly attributed to the author, or does its rights transfer to the institute/university after the work is submitted (irrespective of the grade attributed by the course teacher)?

Instead it belongs to the institute.
I'm thinking, for example, of a researcher who creates a means of identifying the presence of a certain protein in blood samples and thus claims authorship (although the work "belongs" to the institute the researcher works/worked for).

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Friday, December 10, 2010

Resolved Question: What is the differences between reusing code and theft of intellectual property?

Theft of intellectual property doesn't always apply. If you work at a company, another employee may have created code that you could reuse in your own project, which you typically can because the company owns the code. Not to mention the case where you create code and you want to reuse it in another project. That's also code reuse.

I (and many other people with me) have published code on the Internet for other people to (re-)use. Most of the time, the license under which it was published makes it clear this was the intent of the programmer; sometimes, admittedly, you just hope the other programmer doesn't mind. (Personally, I leave out a copyright notice but because I use comments like 'When you use this code in your own project, make sure that...")

Just look for copyright notices and/or the license under which the code was published.


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Resolved Question: How enforceable is a company's claim to own the intellectual property in any ideas that may be share…

In nearly all cases, you need a specific, written assignment for a copyright transfer. I suspect the typical boilerplate "terms and conditions" will not be enforceable (or at the very least, very difficult to enforce in most courts).

http://www.ivanhoffman.com/transfers.html


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Thursday, December 9, 2010

Undecided Question: what are the intellectual property laws in the US?

Home >All Categories > Politics & Government >Law & Ethics >Undecided Questionwooter wooter Member since:September 01, 2007Total points:107 (Level 1)I had my facebook settings set so that friends of friends could see my photos. That was a mistake and I changed it because someone I didnt know used my picture as theirs. It's a picture of my face. I filed a complaint with facebook under their intellectual property infringement section, and they said they may remove it if the law requires it. So my question is, do they have to remove it?Sign in to Vote for the Best Answer

Answerer 1

Technically, you own the copyright, so they had no right to use it as theirs. But if you don't know who the person is, then you won't be able to file charges or sue the person. The burden is on you to seek out the person who violated your copyright. This is why it's not a good idea for teens to be posting pics of themselves online. I see more and more teens getting in trouble over Facebook in recent years.

Sometimes none of the answers get it just right. If so, pick "No Best Answer". Voters DO NOT get any points for voting on the No Best Answer.


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Resolved Question: How can we respect others intellectual property?

You respect others' property by not taking as your own something that is not yours. We learn it as toddlers, then forget the concept by the time we reach middle school, for some reason.

The same way you wouldn't dream of eating someone else's lunch just because it was there, you don't copy & paste articles off the internet and turn it in on a composition with your name on it. To claim their words as your words is stealing.

What about music and books? Just because they're there, digitally speaking, does not make them yours. You should buy, not pirate, software, music, movies that are the creative work of another. I know that "everybody" does it. However, right is right even if nobody is right; wrong is wrong, even if everybody is wrong.

I'll get off my soapbox now. Hope this helps.


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Wednesday, December 8, 2010

Resolved Question: How do I register the intellectual property of an investment project?

The first questions are:
1. Where do you want to register?
2. What do you want to register?
3. How do you plan to use the IP?

The three basic types of intellectual property are copyrights, trademarks and patents. Depending on which you want to register and the country or countries in which you want to register, you'll be headed in different directions.

The best advice for now is to consult an intellectual property attorney, who can give you specific advice relating to your project.

http:/www.browdelaw.info - we do trademarks and copyrights, but not patents.

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