|
Intellectual
Property Law & Rights
| Trade Marks Law protects words, phrases
and symbols that identify goods and services. |
Copyright
Law protects "original forms of expression" like a poem, painting or musical
score. |

|
| Patents
Law protects "original inventions and processes" including genetically
engineered life forms. |
Domain
Name Disputes arise when cybersquatters register domain names identical to or similar
to trademarks. |
| Designs
Law protects novel original design. Industrial designs are an element of intellectual
property. |
Trade Secrets Law protects information, including a
formula, method and marketing strategies. |
| Traditional Knowledge The traditions, customs and
practices of indigenous, or local communities. |
Fair Use
allows the public to copy works without having to ask permission or pay licensing fees. |

|
| Geographical Indications to identify goods
originating from a definite territory. |
Plant
Varieties Laws to protect plant varieties as an Intellectual Property
Right. |
| Database
Rights A sui generis right to provide greater protection to collections of
information. |
Mask Work
intellectual property right conferring time-limited exclusivity to reproduction of a
particular layout. |
Moral Rights distinct from any economic rights
tied to copyright, like the right to the integrity of the work. |
Right
of Publicity protects celebrities interests in their voice, images and
identities. |
IPR Articles, Essays, Papers
Case Law |
Intellectual property laws encourage and
protect works of the intellect. |
TRIPS dictated how states should regulate the protection
of intellectual property. TRIPS resulted from lobbying by powerful multinational
corporations who wished to mould international law to protect their markets - (Private
Power, Public Law).
Internet required very little support from
intellectual-property systems and it eventually fostered a conducive atmosphere for
worldwide copyright violation - vpr
Books On Intellectual Property Rights:
 Intellectual
Property Stories 2005 (Paperback) (November 30, 2005)
by Jane C. Ginsburg (Editor), Rochelle Cooper Dreyfuss (Editor)
Intellectual Property Stories brings famous cases and case law to life by telling the
true, never-heard-before stories behind landmark Intellectual Property cases and case law.
Intellectual Property Stories is organized into six chapters, each drawing on case law 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 and case law vary widely.

Intellectual
Property Management : A Guide for Scientists, Engineers, Financiers, and Managers
(Hardcover) (March 6, 2006)
by Claas Junghans, Adam Levy, Rolf Sander (Contributor), Tobias Boeckh (Contributor), Jan
Dirk Heerma (Contributor), Christoph Regierer (Contributor)
This concise introduction to European patent law and global patent perspectives combines
the legal and economic perspectives to adopt a unique approach that serves both inventors
-- engineers and scientists -- as well as financiers and economists.
Written by experts with first-hand knowledge this book is completely up-to-date, taking
into account recent additions to European patent law, especially in the field of
biotechnology and genetics. While concentrating on the EU, the world perspective is
nevertheless represented, including US particularities. The result is a set of guidelines
allowing readers to develop a holistic patent strategy suitable for their specific needs.
For scientists, engineers, managers and financiers in the chemical industry.
This concise introduction to patent law and strategy combines legal, scientific and
economic perspectives to provide a thorough foundation in the subject. The result is a set
of guiding principles that allow readers to develop a holistic patent strategy aligned
with their needs, and those of both fledgling and established companies.
Written by experts with up-to-date and first-hand knowledge in the field, this book takes
a global view, with particular emphasis on recent modifications to European Law and the
particularities of US Law.
It is recommended as first reading for scientists, managers and financiers, as well as
providing patent agents and advisors with a balanced commercial perspective.

Pirates
of the Digital Millennium : How the Intellectual Property Wars Damage Our Personal
Freedoms, Our Jobs, and the World Economy (Hardcover) (September 20, 2004)
by John Gantz, Jack B. Rochester
Pirates of the Digital Millennium: Preface PREFACE It was a quintessential New England
fall morning-crisp, sunny, cold-that day in November 2002. We were two old friends and
colleagues, getting together for breakfast to catch up, talk about our work, our children,
our lives. John, the researcher, was just finishing up a massive project at IDC on the
economic impact of worldwide software piracy. Jack, the writer, smelled an important story
in the making. We were both amazed at the extent of worldwide copyright violation,
astounded at how fast Napster had grown, sad at its demise and the loss of one of the
easiest to use software programs we d ever seen, and amused at how quickly KaZaA had
filled its shoes. Little did we know that the casual activity known as file-sharing, or
downloading MP3s, would explode in the news six months later when the Recording Industry
Association of America began issuing takedown orders on college students. And even though
we knew our kids-boys in high school, college, and beyond-were downloaders, we didn t
really understand how they felt about what they were doing, about what the music industry
was doing, or about copyright infringement in general. Nor, when we met, did we understand
the wildly complex facets of copyright law-for example, how it was rewritten 11 separate
times during the 1900s, each time granting longer and longer terms of copyright. We had no
idea that Mickey Mouse s copyright (1928 2023) would outlive his creator, Walt Disney
(1901 1966), by 57 years. We had yet to grasp the full extent of worldwide media piracy
and its impact on the global economy. Before we left the breakfast table, we were talking
about working together on another book, 20 years after our first collaboration- a widely
popular book called The Naked Computer- was published. Our agent and publisher shared our
enthusiasm for this new book, and soon we were once again writing together. We have
entered the digital millennium, where most, if not all, of our media have been (or soon
will be) rendered into the strings of ones and zeroes a computer chip understands. The
world is awash in media and entertainment devices, personal computers, Internet
connections, and broadband transmission. We re surrounded by MP3 players, TiVo, Personal
Video Recorders, CD burners, iPods, laptops, Playstations, and more. Technology has
unsheathed a sword of Damocles that makes it possible for us to enjoy media-software,
computer games, music, movies-in ways that were not possible 20 years ago. At the same
time, it threatens the long-held right of artists and copyright owners to expect a fair
return for their intellectual capital and the sweat of their brows. Yet as the media for
gaming, music, movies, and computers become ever more interchangeable, so will the public
s expectations that they ought to have the right to use them in all the new and different
ways they choose. These two viewpoints are in serious conflict. When we began writing
Pirates of the Digital Millennium , we held some cherished, all-American beliefs. We
believed business is entitled to a profit. We were convinced that black marketeers in
other countries are hurting the world s economy by stealing and replicating computer
software and games, movies, and other forms of intellectual property. We assumed kids don
t really understand copyright and that they re stealing from record companies and artists.
But after a year of researching and writing, we didn t end up in quite the same
intellectual place we started. This book was a journey of personal discovery. We hope it
will be the same for you. We have been forced to scrutinize our personal philosophies and
our understanding about what motivates people. We ve had to travel the timeline of
copyright protection from the Middle Ages until now to see how it has evolved. We ve had
to understand how business, politics, and law mix in today s information society. We ve
had to ask: What freedoms have we given up in the name of copyright protection? Our
discussion concerns intellectual property: its use and its value. On one hand are those
who believe that anything they conjure up, anything that transforms an idea into form, is
intellectual property. On the other are the individuals who believe just as passionately
that the entire notion of intellectual property is at best a farce, at worst just another
way to suck profits out of the ether. In between these two extremes is a spectrum of
social, legal, and ethical points of view. There s a battle outside and it s ragin , sang
Bob Dylan in The Times They Are A-Changin . This battle pits media conglomerates against
teenagers, artists against artists, technology providers against content providers,
nations against nations, Internet service providers against entertainment companies, media
companies against their best customers-and even law enforcement against organized crime.
The ownership of intellectual property has been passing from the minds of artists and into
the bank accounts of media businesses for at least 200 years. Yet since the passage of the
Digital Millennium Copyright Act of 1998, some of those in the media business have
developed a lockdown mentality that many people feel threatens their right to enjoy the
media they buy however they see fit, as well as the public right of fair use. The concerns
discussed in this book rise way beyond simply being able to legitimately download a song
from the Internet: They extend all the way to your right to not sit through commercials
when you watch a recorded television show. There are those who believe the American model
of capitalism, along with American intellectual property, should be promulgated throughout
the world economy, with the same terms of sale and use for their products as in the United
States, regardless of disparities in economic status or local customs regarding ownership
and copying. And there are those who don t. We found ourselves asking a number of these
questions as we traveled the road from blank page to completed manuscript: Do we have a
right to use media we license or buy in any way we see fit? Do the media publishers have a
right to profit for decades from their acquired intellectual property? Is downloading
stealing or civil disobedience? Is enforcement curtailing piracy or making it worse? Can
we expect to change the hearts and minds of the global citizenry to a capitalistic point
of view? Could the software companies and media firms do something different to alleviate
the problem? How bad is the problem? Whose problem is it? Why do pirates pirate? And why
don t others? This is our invitation to you to take a journey into the heart of
intellectual property darkness with us. WHAT S IN THIS BOOK? Here s a roadmap for the 10
chapters of the journey you re about to embark upon with us: Chapter 1, Are You a Digital
Pirate ?, presents an overview of the ideas and social situations regarding the licit and
illicit use of copyrighted intellectual property. We ask you to evaluate your own
behavior, or that of people close to you, to determine if you, or they, are pirates of the
digital millennium. Chapter 2, Is it Copyright or the Right to Copy ?, presents a history
of modern copyright in what we generally regard as Western civilization, beginning with
monks in the European Dark Ages and moving (somewhat regressively) through English law to
American issues of fair use and the sanctity of ideas. A table of the political history of
copyright concludes the chapter. Chapter 3, Us Against Them ?, explores the war over
intellectual property use, providing a fair and balanced perspective of all the competing
camps. It s the scorecard-the playbook-of the conflict. Chapter 4, Inside the Corporate
Intellect: A Day at Microsoft , explains just what goes into software development, in
terms of human intellectual capital and corporate resources. Next time you think how cheap
it is to make a CD, remember this chapter and that the aluminum and plastic disc is a very
small part of the cost. Chapter 5, Inside the Sausage: The Making of the Digital Millen
nium Copyright Act , sets out what led to the creation and passage of this piece of
legislation, which has caused one of the most pitched battles between copyists and
capitalists in the history of copyright. Chapter 6, Global Fallout , explores the
worldwide effects and aftereffects of digital piracy. We re not talking about kids
downloading tunes here. In some cases, organized crime is a major player. We explore what
it takes for a less privileged country to gain economic footing with our intellectual
property. Chapter 7, Dude, Where s My MP3 ?, focuses on youth, primarily American, who
regard access to the Internet as an ordained right and anything on it as fair and free
game. Yes, a game: If the copyright holders find a way to protect their intellectual
property, the game is to crack it. Chapter 8, Eliot Ness or Keystone Kops ?, looks at the
attempts- and we do mean attempts-to stem the tide of international piracy and download
thievery. While the RIAA did put the fear of God in America s downloaders for a short
while, most have come to believe that detection and punishment are unlikely-and it appears
they may be right. Ditto for the rest of the digital planet. Chapter 9, Angel on My
Shoulder: What s in It for Me? , asks you to examine your own beliefs and ethics in making
a personal determination about what s right and what s not, what the other guy does be
damned. We all have to take our own ethical stand. Chapter 10, Through the Fog: The Future
of Intellectual Property, sums up what we've learned in the foregoing nine chapters, and
extrapolates from that some solutions to the problem. Here you can test our logic and
vision, and add your own. The Afterword, following Chapter 10, describes each of our
personal journeys, where we reveal our views to you. Don't peek until you ve read the
book, though!

Intellectual
Property in the New Millennium : Essays in Honour of William R. Cornish (Hardcover)
(October 14, 2004)
by David Vaver (Editor), Lionel Bently (Editor)
'... this festschrift is thoughtfully compiled and well written, on topics of considerable
variety and importance, thus extending its shelf life beyond its immediate celebratory
purpose.' World Intellectual Property Organization Magazine
Intellectual property law is a subject of increasing economic importance and the focus of
a great deal of legislative activity at an international and regional level. This
collection brings together contributions from some of the most distinquished scholars in
this exciting and controversial field, covering the full extent of intellectual property
laws, that is, patents, copyright, trade marks and related rights. the contributions
examine some of the most pressing practical and theoretical concerns which intellectual
property lawyers face.

Open
Source Licensing : Software Freedom and Intellectual Property Law (Paperback) (July
22, 2004)
by Lawrence Rosen
A complete guide to the law of open source for developers, managers, and lawyers
Now that open source software is blossoming around the world, it is crucial to understand
how open source licenses workand their solid legal foundations. Open Source
Initiative general counsel Lawrence Rosen presents a plain-English guide to open source
law for developers, managers, users, and lawyers. Rosen clearly explains the intellectual
property laws that support open source licensing, carefully reviews todays leading
licenses, and helps you make the best choices for your project or organization. Coverage
includes:
Explanation of why the SCO litigation and other attacks wont derail open source
Dispelling the myths of open source licensing
Intellectual property law for nonlawyers: ownership and licensing of copyrights, patents,
and trademarks
"Academic licenses": BSD, MIT, Apache, and beyond
The "reciprocal bargain" at the heart of the GPL
Alternative licenses: Mozilla, CPL, OSL and AFL
Benefits of open source, and the obligations and risks facing businesses that deploy open
source software
Choosing the right license: considering business models, product architecture, IP
ownership, license compatibility issues, relicensing, and more
Enforcing the terms and conditions of open source licenses
Shared source, eventual source, and other alternative models to open source
Protecting yourself against lawsuits
I have studied Rosens book in detail and am impressed with its scope and
content. I strongly recommend it to anybody interested in the current controversies
surrounding open source licensing.
- John Terpstra, Samba.org; cofounder, Samba-Team
Linux and open source software have forever altered the computing landscape. The
important conversations no longer revolve around the technology but rather the business
and legal issues. Rosens book is must reading for anyone using or providing open
source solutions.
- Stuart F. Cohen, CEO, Open Source Development Labs
A complete guide to the law of open source for developers, managers, and lawyers
Now that open source software is blossoming around the world, it is crucial to understand
how open source licenses workand their solid legal foundations. Open Source
Initiative general counsel Lawrence Rosen presents a plain-English guide to open source
law for developers, managers, users, and lawyers. Rosen clearly explains the intellectual
property laws that support open source licensing, carefully reviews todays leading
licenses, and helps you make the best choices for your project or organization. Coverage
includes:
Explanation of why the SCO litigation and other attacks wont derail open source
Dispelling the myths of open source licensing
Intellectual property law for nonlawyers: ownership and licensing of copyrights, patents,
and trademarks
Academic licenses: BSD, MIT, Apache, and beyond
The reciprocal bargain at the heart of the GPL
Alternative licenses: Mozilla, CPL, OSL and AFL
Benefits of open source, and the obligations and risks facing businesses that deploy open
source software
Choosing the right license: considering business models, product architecture, IP
ownership, license compatibility issues, relicensing, and more
Enforcing the terms and conditions of open source licenses
Shared source, eventual source, and other alternative models to open source
Protecting yourself against lawsuits |
 Fundamentals
of Intellectual Property Valuation : A Primer for Identifying and Determining Value
(Paperback) American Bar Association (January 25, 2006)
by Wes Anson
This primer, written by experts in the area, answers some of the most frequently asked
questions about identifying the value of the primary types of intellectual property (IP)
and other intangible assets. It also looks at the primary, traditional, and
not-so-traditional methods of valuing these assets and includes definitions, glossary,
case law studies and situations where valuation is required.

A
Primer on Intellectual Property Licensing (Paperback)
by Heather Meeker
A PRIMER ON INTELLECTUAL PROPERTY LICENSING (Second Edition) is a compact, practical guide
to one of the most dynamic and popular areas of legal practice todayintellectual
property licensing. Developed by an attorney (advocate) in private practice who
specializes in Silicon Valley technology licensing, this guide presents the basic rules of
law you need to know for a licensing practice, along with helpful examples of contractual
language, practice tips, and insights on custom and practice in the industry. This
textbook is appropriate for a law school or business school seminar, or for practicing
attorneys who wish to expand their practice into this exciting field. Individual chapters
from this text are also available for seminars and CLE presentations (in electronic
format).
Heather Meeker is an attorney (advocate) in private practice at Greenberg Traurig, LLP, a
leading technology law firm in Silicon Valley, and specializes in drafting and negotiating
intellectual property transactions for software and other technology clients. She also
serves as an adjunct professor at Hastings College of the Law, teaching a seminar in
intellectual property licensing, for which this textbook was developed. Ms. Meeker has
degrees from Yale College and Boalt Hall School of Law. She clerked for the United States
Circuit Judge John Porfilio of the Tenth Circuit. Ms. Meeker has published numerous law
review articles and practice-oriented articles in the area of law and technology, and has
a special interest in open source software licensing. She serves as the co-chair of the
Open Source committee of the ABAs Science and Technology Law Section, and in 2005
was selected by the Daily Journal as one of the top 30 intellectual property lawyers in
California. She also worked for many years in the entertainment and computer industries,
prior to her work as an attorney (advocate).

International
Intellectual Property (University Case Law Book)
by Paul Goldstein
INTERNATIONAL INTELLECTUAL PROPERTY LAW: CASE LAW AND MATERIALS organizes contemporary
foreign, as well as U.S., case law and literature to equip law students with the
methodology they need to engage in international intellectual property practice, in both
transactional and litigation settings. Carefully selected materials also expose students
to: the important new directions introduced by the TRIPs Agreement; the traditional treaty
regimes; and the social, economic and cultural considerations that underpin intellectual
property laws around the world. Each field of law - copyright, patent, trademark, unfair
competition, trade secrets, industrial design - is introduced by a comprehensive author's
note placing the field in its international and comparative law context, and extensive
notes on the case law and materials fill in relevant details, including currently, and
historically, important topics.
PAUL GOLDSTEIN, Lillick Professor of Law, Stanford University

Intellectual
Property in the New Technological Age (Hardcover)
by Robert P. Merges, Peter S. Menell, Mark A. Lemley
The authors are luminaries of Boalt, UC Berkeley. The book is for students, and therefore
concentrates on precedents. Reviewer: Jukka Kemppinen.
This book is an excellent text dealing with multiple aspects of American intellectual
property law. As a Canadian law student I found its approach of using first principles to
introduce readers to the basics of intellectual property law very useful. From the first
principles of copywright, trademark and patent law the book proceeds to give an insightful
exposition of the developments of each of these areas of law in response to recent
developments in the sciences. While some attention is paid to biotechnology in the patent
section of the book, most of the work focusses on the impact of developments in
intellectual property law as a result of information technology. - Reviewer: Elyot Waller.

Economic
Approaches to Intellectual Property Policy, Litigation, and Management (September 1,
2005)
by Gregory K. Leonard; Lauren J. Stiroh (Editor)
Over the past century, the value and importance of intellectual property has grown rapidly
worldwide. While it is crucial for companies to successfully manage their intangible
assets, they face difficult questions in attempting to navigate the complex business and
legal environment that surrounds IP rights.
Economic Approaches to Intellectual Property Policy, Litigation, and Management discusses
real-world tools and strategies at the forefront of economic thinking about many of
todays most prominent intellectual property issues. Co-edited by Dr. Gregory K.
Leonard and Dr. Lauren J. Stiroh, this book is an anthology of 23 articles by economists
associated with NERA, whose analyses have played a crucial role in numerous landmark legal
and regulatory case law. The chapters explore topics ranging from the valuation of IP
damages to intellectual property rights protection in China and the antitrust implications
of standard setting and patent pools.
The book addresses such key questions as:
How should the owner of IP rights be compensated when those rights are violated?
What role should antitrust and competition policy play in intellectual property matters?
How can companies more accurately assess their R&D investments and strategies?
Should emerging economic powers implement and enforce more stringent intellectual property
rights?
Economic Approaches to Intellectual Property Policy, Litigation, and Management should
prove to be of interest to economists, lawyers, policy makers, executives managing IP
portfolios, and law and business schools
Editor Dr. Gregory K. Leonard specializes in applied microeconomics and econometrics. He
has provided expert analysis, as well as written and oral testimony, in the areas of
intellectual property, antitrust, damages estimation, statistics and econometrics, and
labor market discrimination. Dr. Leonard was one of the developers of the merger
simulation technique that is now widely used to analyze the competitive effects of
mergers. He has published in the RAND Journal of Economics, the Journal of Industrial
Economics, the Journal of Public Economics, the Journal of Labor Economics, Antitrust Law
Journal, and the George Mason Law Review.
Editor Dr. Lauren J. Stiroh specializes in the economics of intellectual property,
commercial damages, and antitrust. Much of her work and research has focused on the
intersection of intellectual property and antitrust litigation. She has conducted studies
of patent value and assessed damages from patent infringement in a number of sectors. In
high technology industries, in particular, she has analyzed the impact of standard setting
on patent value and issues related to market power. In addition, she has conducted
research and prepared expert reports on a variety of issues arising from antitrust
allegations, has created and critiqued damages models in a variety of contexts, and is
experienced in survey design and the econometric analysis of consumer survey data. Dr.
Stiroh has presented her research before the Federal Trade Commission (FTC), the United
States Department of Justice (DOJ), the Canadian Competition Bureau, and in expert
testimony. She has also written articles and given speeches for the American Bar
Association, Law Seminars International, the Practising Law Institute, and the 2002 FTC
and DOJ joint hearings on "Competition and Intellectual Property Law and Policy in
the Knowledge-Based Economy."

Virtual
Monopoly: Building an Intellectual Property Strategy for Creative Advantage - From
Patents to Trademarks, From Copyrights to Design Rights (Hardcover)
by Christopher Pike
Reviewer - Jerome Spaargaren (London, UK):
Christopher Pike is not your run-of-the mill intellectual property adviser. Although
qualified as a patent and trade mark attorney (advocate), his experience in dealing with
business management issues comes through very directly when reading this book.
It is not always appreciated that there is a whole host of available strategies for
businesses which are, knowingly and in some cases not, involved in generating intellectual
property. Intellectual property generators often need commercially minded guidance
appropriate to their markets and their approach to business as to how their intellectual
property can be used to create value. Pike has identified and crystallised models and
concepts in a way which makes the grander themes of intellectual property, often held as
an impenetrable area for those outside its day-to-day practice, readily understandable. He
sets out a useful vocabulary of concepts and terms, describing intellectual property as a
currency used in buy-sell relations and for measuring creative advantage.
I suspect that Pike may be at the forefront of a new area of consulting which is
much-needed but so-far overlooked. The book he has written will surely be a useful tool to
a broad range of readers, particularly those looking for insight into modern approaches to
intellectual property strategy. Whilst other books on IP may be found hidden in the law
section of a bookshop, this will almost certainly be found in amongst the bestselling
management books.

Intellectual
Property for Paralegals : The Law of Trademarks, Copyrights, Patents, and Trade Secrets
(West Legal Studies Series) (Paperback) 2 edition (July 6, 2004)
by Deborah E. Bouchoux
Trademarks, copyrights, patents and unfair competition are the four major areas of
intellectual property law that are presented in full in this second edition. The methods
by which each is created, procedures to register or protect each, the duration of rights,
infringement, and new and international developments are addressed for each of the four
fields, giving the readers the scope they need to apply this information in the practical
setting. The specific tasks of paralegals involved in this area of law are presented in
helpful checklists. Plus, a host of sample forms and agreements, statutes, charts,
citations, case studies and much more make the material easy to digest and use in the
practical setting. On-line Companion for this text includes Appendices A-E, chapter
summaries, trivia, and Internet resources.

Indigenous
Intellectual Property Rights: Legal Obstacles and Innovative Solutions : Legal
Obstacles and Innovative Solutions (Contemporary Native American Communities) (Paperback)
(September 2004)
by Mary Riley
The expert contributors from around the globe provide unique case studies to guide
indigenous communities and their partners in protecting their intellectual property.
Addressing the poor fit between western regimes of intellectual property rights and the
requirements for safeguarding indigenous cultural resources, the authors describe positive
efforts at protecting indigenous knowledge. It is an important resource for advocates for
indigenous and human rights and legal scholars.

Private
Power, Public Law : The Globalization of Intellectual Property Rights (Cambridge
Studies in International Relations)
by Susan K. Sell, Steve Smith (Series Editor), Thomas Biersteker (Series Editor), Chris
Brown (Series Editor), Phil Cerny
(Series Editor), Joseph Grieco (Series Editor), A. J. R. Groom (Series Editor), Richard
Higgott (Series Editor), G. John
Ikenberry (Series Editor), Caroline Kennedy-Pipe (Series Editor), Steve Lamy (Series
Editor)
Review
'... a very good book ... lucidly and engagingly written as well as being excellently
researched.' The King's College Law Journal
Susan Sell's book reveals how power in international politics is increasingly exercised by
private interests rather than
governments. In 1994 the World Trade Organization (WTO) adopted the Agreement in
Trade-Related Aspects of Intellectual Property Rights (TRIPS), which dictated to states
how they should regulate the protection of intellectual property. This book argues that
TRIPS resulted from lobbying by powerful multinational corporations who wished to mould
international law to protect their markets.

Copyright
And Human Rights: Freedom Of Expression, Intellectual Property, Privacy (Information
Law Series) (Hardcover)
by Paul L. C. Torremans (Editor)
First Sentence:
When the Canada House conference in which this collection of essays is rooted was set up
and subsequently when the topics and the essential components of a book treating the issue
of copyright, and other intellectual property rights, and human rights were discussed
amongst the series editor, the editor of this collection and the contributors it seemed
obvious to think of the issue as one involving copyright and intellectual property rights
in general on the one hand and human rights on the other hand.
|
 Essentials
of Intellectual Property (Essentials Series) (Paperback)
by Alexander I. Poltorak, Paul J. Lerner
This book is the liveliest, best-written and most thorough introduction to the
fundamentals of this subject. Yet it goes beyond the framework of basic IP protection to
discuss emerging concepts as well as inside information immediately useful in the real
world. In short, it forms the next rung in the advancement of IP management up the ladder
from an art to a science.
( Samson Vermont, founder of the periodical Patent Strategy & Management; Patent
Attorney)
Poltorak and Lerner deliver a remarkable new book, just in time, for the layperson who
wants to study the modern intellectual property landscape. In a style that prompts,
guides, and mentors the reader, the book should prove invaluable to those who need to
acquire enough of an understanding of the material to keep out of trouble. Easy to read
and free of jargon and difficult legal language, the book is one I will recommend to those
who want a straightforward introduction to an increasingly important legal specialty.
( Alexis N. Sommers, Ph.D., Professor of Industrial Engineering University of New Haven
Director, Education and Training Connecticut Association of Purchasing Managers)
As intellectual property becomes a more important aspect of the world's economy, this book
is a must-read. Dr. Poltorak's and Mr. Lerners experience, knowledge and wit help both new
and experienced licensing practitioners understand and appreciate the simple and complex
issues in the field of intellectual property licensing.
( Arthur M. Nutter, President, TAEUS)
Essentials of Intellectual Property should be required reading for any manager interested
in developing an IP strategy. Alex Poltorak and Paul Lerner have distilled their years of
experience into an easy to understand text that may prove to be a go to book
for many busy executives.
( Paul E. Paray, Managing Member, Licenz Group, LLC and former CEO AnIdea Corporation.)
This critically important new volume of work not only provides the professional with a
greater knowledge of this vast subject, but also the novice with a better understanding
and appreciation for the results of their creative abilities.
( Lawrence J. Udell, Executive Director California Invention Center Professor of New
Ventures and Entrepreneurship)
The recent interest in Intellectual Property as a company asset comes as no surprise to
inventors. For years we have known that every invention, whether physical or intellectual,
starts with a unique idea. This book represents the insight and experience of the two
critical elements of modern IP issues - the process of securing an IP patent and the
structure for protecting it. In the global information technospace of today's business,
nothing is more important than understanding and controlling access to proprietary ideas.
Knowing just what steps to take will help us all, inventors and users. As a holder of
patents, I feel relieved to know that there is now a map for navigating the labyrinth in
this area.
( Arthur Skip Moen, Ph.D.)
Essentials of Intellectual Property is an essential read for anyone managing an enterprise
that invests resources in innovation. This book provides, with the clarity of plain
English, valuable guidance for both protecting the intellectual property created by a
firms creative efforts, and deriving revenue and value from them as well. After being
read, it should be kept close as a handy desk reference.
( Norman Zafman, Founding partner of Blakely, Sokoloff, Taylor & Zafman)

Developing
an IP Strategy for Your Company: Leading Lawyers on Intellectual Property Portfolio
Capitalization (Inside the Minds) (Paperback) (May 15, 2005)
by Aspatore Books
Developing an IP Strategy for Your Company: Leading Lawyers on Intellectual Property
Portfolio Capitalization is an authoritative, insider's perspective on the issues
surrounding intellectual property law including patent and trademark protection,
maintaining IP portfolios, and the future of intellectual property law, on a global scale.
Featuring Department Heads, Group Chairs, and Leading Partners, all representing some of
the nation's top firms, this book provides a broad, yet comprehensive overview of the
practice of intellectual property law, discussing the current shape and future state of
patent and trademark protection from the founding doctrines, to the pivotal case law of
today. From the steps involved in policing intellectual property portfolios, to crucial
tactics around avoiding common IP legal risks, these authors articulate the finer points
around intellectual property now, and what will hold true into the future. The different
niches represented and the breadth of perspectives presented enable readers to get inside
some of the great legal minds of today as experts offer up their thoughts around the keys
to success within this fascinating practice area.
About Inside the Minds:
Inside the Minds provides readers with proven business intelligence from C-Level
executives (Chairman, CEO, CFO, CMO, Partner) from the world's most respected companies
nationwide, rather than third-party accounts from unknown authors and analysts. Each
chapter is comparable to an essay/thought leadership piece and is a future-oriented look
at where an industry, profession or topic is headed and the most important issues for the
future. Through an exhaustive selection process, each author was hand-picked by the Inside
the Minds editorial board to author a chapter for this book.

The
Economic Structure of Intellectual Property Law
by William M. Landes, Richard A. Posner
Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the
Commons in a Connected World : Intellectual property is the most important public policy
issue that most policymakers don't yet get. It is America's most important export, and
affects an increasingly wide range of social and economic life. In this extraordinary
work, two of America's leading scholars in the law and economics movement test the
pretensions of intellectual property law against the rationality of economics. Their
conclusions will surprise advocates from both sides of this increasingly contentious
debate. Their analysis will help move the debate beyond the simplistic ideas that now tend
to dominate.
Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit : An image from modern
mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated
calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the
role of that mythological Einstein, reveal at every turn how perceptions of economic
efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page
reveals fresh, provocative, and surprising insights into the forces that shape law.
William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary
Committee : The most important book ever written on intellectual property.
Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law :
Given the immense and growing importance of intellectual property to modern economies,
this book should be welcomed, even devoured, by readers who want to understand how the
legal system affects the development, protection, use, and profitability of this peculiar
form of property. The book is the first to view the whole landscape of the law of
intellectual property from a functionalist (economic) perspective. Its examination of the
principles and doctrines of patent law, copyright law, trade secret law, and trademark law
is unique in scope, highly accessible, and altogether greatly rewarding.
This book takes a fresh look at the most dynamic area of American law today, comprising
the fields of copyright, patent, trademark, trade secrecy, publicity rights, and
misappropriation. Topics range from copyright in private letters to defensive patenting of
business methods, from moral rights in the visual arts to the banking of trademarks, from
the impact of the court of patent appeals to the management of Mickey Mouse. The history
and political science of intellectual property law, the challenge of digitization, the
many statutes and judge-made doctrines, and the interplay with antitrust principles are
all examined. The treatment is both positive (oriented toward understanding the law as it
is) and normative (oriented to the reform of the law).
Previous analyses have tended to overlook the paradox that expanding intellectual property
rights can effectively reduce the amount of new intellectual property by raising the
creators' input costs. Those analyses have also failed to integrate the fields of
intellectual property law. They have failed as well to integrate intellectual property law
with the law of physical property, overlooking the many economic and legal-doctrinal
parallels.
This book demonstrates the fundamental economic rationality of intellectual property law,
but is sympathetic to critics who believe that in recent decades Congress and the courts
have gone too far in the creation and protection of intellectual property rights.

Essentials
of Licensing Intellectual Property (Essentials (John Wiley)) (Paperback)
by Alexander I. Poltorak, Paul J. Lerner
"Poltorak and Lerner have produced a highly readable and informative introduction to
intellectual property licensing, written with style, grace and occasionally tongue in
parenthetical cheek. It should be required reading for those new to the field as well as
for others needing a 'Licensing 101' course."
- Emmett Murtha, President & CEO, QED Intellectual Property (USA); Past President of
the Licensing Executives Society and former Director of Licensing for IBM
"Professionals in manufacturing and in supply chain management have little time or
motivation to grapple with legal texts. Yet, they need precise, complete, easy-to-read
material that can educate them both quickly and well. Alexander Poltorak and Paul Lerner,
in Essentials of Intellectual Property Licensing, understand their audience's needs, and
produced a work that is actually fun to read. More to the point, it is easy to read,
amazingly concise and clear for a legal text, and encourages the reader to step forth as a
partner with legal counsel to tackle issues head-on."
- Alexis N. Sommers, Ph.D. Professor of Industrial En gineering at University of New Haven
& President of the Connecticut Association of Purchasing Managers
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.
Order your copy today!

Intellectual
Property Examples & Explanations (The Examples & Explanations Series)
(Paperback)
by Stephen M. McJohn
Reviewer - Domo Kun: This book has pretty good coverage of topics: Copyrights, Patents,
Trademarks, Trade Secrets. The information is pretty complete, but could be organized
better. My main complaint is that there is no table of case law. This is a pretty serious
ommission from a law book. No table of statutes, either. And the index is pretty sucky too
- no entries for "cybersquatting", "GATT", "Licensing",
"genericide" - I won't go on, but I could.

Intellectual
Property: Patents, Trademarks, and Copyright (Nutshell Series) (Paperback)
by Arthur Raphael Miller, Michael H. Davis
It has been said, with respect to tort law that anyone can recognize a punch in the nose.
Unlike a punch in the nose, "Patents and copyrights approach, nearer than any other
class of cases belonging to forensic discussion to what may be called the metaphysics of
the law, where the distinctions are, or at least may be, very subtle and refined, and,
sometimes, almost evanescent." This text, by famed Harvard professor Arthur Miller,
includes patents, trademarks, and copyrights. Further, it addresses torts and property;
antitrust and government regulation; concepts of federalism and state and federal
conflicts. The text provides the scope and highlights you need to excel in understanding
this field. This will enable you to answer exam questions more quickly and accurately, and
enhance your skills as an attorney (advocate).

Intellectual
Property: Valuation, Exploitation, and Infringement Damages, 2006 Supplement
by Gordon V. Smith, Russell L. Parr
This book is designed to simplify the process of attaching a dollar amount to intangible
assets, be it for licensing, mergers and acquisitions, loan collateral, or investment
purposes. It provides practical tools for evaluating the investment aspects of licensing
and joint venture decisions, and discusses the legal, tax, and accounting practices and
procedures related to such arrangements; examines the business economics of strategies
involving intellectual property licensing and joint ventures; and provides analytical
models that can be used to determine reasonable royalty rates for licensing and for
determining fair equity splits in joint venture arrangements.

Intellectual
Property: Omnipresent, Distracting, Irrelevant? (Clarendon Law Lectures) (May 6, 2004)
Intellectual property rights (IPRs) are increasingly significant elements of economic
policy: they are vital to developed countries in an age of global trade. This book focuses
on the major dilemmas that currently enmesh the subject: the omnipresent spread of IPRs
across some recent
technologies, the distraction caused by rights that achieve little of their intended
purpose, and the seeming irrelevance of IPRs in the face of new technologies such as the
internet. |
|
|
| IPR Articles, Essays, Papers
and Convention Reports: A Balancing Act: CopyrigThit in the
Electronic Age. Carol C. Henderson. Intellectual Property Law: ifla.org/documents/infopol/copyright/chender.txt
A Copy is a Copy: Copyright Issues and the Emerging Information
Infrastructure. - IPR in Copyright and Trade Marks: ifla.org/documents/infopol/copyright/copy95en.htm
A Method for Protecting Copyright on Networks. Griswold, Gary N. -
Intellectual Property Law and domain name disputes: ifla.org/documents/infopol/copyright/griswold.txt
A New Operating System for the Humanities. Lanham, Richard A. - IPR and
Copyright: ifla.org/documents/infopol/copyright/lanham1.htm
A Publishing and Royalty Model for Networked Documents. Nelson, Theodor
Holm. - Intellectual Property Law: ifla.org/documents/infopol/copyright/nelson.txt
American Committee for Interoperable Systems. Intellectual Property and
the National Information Infrastructure - Intellectual Property Law: ifla.org/documents/infopol/copyright/acis.txt
American Intellectual Property Law Association. Intellectual Property
Law and domain name disputes: aipla.org
American Library Association, et. al. Fair Use in the Electronic Age:
Serving the Public Interest. - Fair Use in Copyright and Trade Marks: ifla.org/documents/infopol/copyright/fairuse.txt
American Society of Composers, Authors and Publishers (ASCAP).
Intellectual Property Law and domain name disputes: ascap.com/
APRA - Australasian Performing Right Association. IPR case law in India
and trademark database: apra.com.au/
ARVIC's Guide To Intellectual Property. - Intellectual Property Law: arvic.com/
Aspects of public policy regarding crown copyright in the digital age.
Stanbury, William T. - Crown copyright in Cyberspace. Montréal vendredi, 12 mai 1995. -
Patents and Copyright: droit.umontreal.ca/crdp/en/equipes/technologie/conferences/dac/index.html
Association of Research Libraries. Intellectual Property: An ARL
Statement of Principles. - Intellectual Property Law: ifla.org/documents/infopol/copyright/arl-ip.txt
Australian Copyright Act. 1968. Updated as at 29 March 1995. IPR in
Copyright and Trade Marks: ifla.org/documents/infopol/copyright/ca196813.txt (608
K)
Australian Copyright Council. Intellectual Property Law and domain name
disputes: copyright.org.au
Australian Council of Libraries and Information Services (ACLIS).
Copyright for all Australians. Submission by ACLIS to the CLRC Review and Simplification
of the Copyright Act 1968. Intellectual Property Law: nla.gov.au/aclis/clrc.html
Australian Intellectual Property Law Locus. IPR case law in India
and database: ozemail.com.au/~pxc/iplocus/index.html
Basic U.S. Patent, Copyright and Trademark Information. Franklin Pierce
Law Center. - Intellectual Property Law and domain name disputes: fplc.edu/TFIELD/ipbasics.htm
Bereskin and Parr. In defense of genius. - IPR case law in India
and trademark database: bereskinparr.com/
Berne Convention for the Protection of Literary and Artistic Works
(Paris Text 1971). - Intellectual Property Law: law.cornell.edu/treaties/berne/overview.html
Bill Of Writes. Negroponte, Nicholas. - IPR case law in India and
trademark database: wired.com/wired/archive/3.05/negroponte.html
BMI (Broadcast Music Inc.) Intellectual Property Law and domain name
disputes: bmi.com/intellectual property
British Copyright Council. Oral Response to the National Information
Infrastructure Task Force on Intellectual Property. - IPR and Copyright: ifla.org/documents/infopol/copyright/bcc.txt
Canadian Association of Photographers and Illustrators in
Communications. Response to "Copyright and the Information Highway". February
23, 1995. - Intellectual Property Law: ourworld.compuserve.com/homepages/greer/copy1.htm
Canadian Copyright Act. - IPR in Copyright and Trade Marks: canada.justice.gc.ca/Loireg/index_en.html
Canadian Intellectual Property Office. - Intellectual Property Law:
cipo.gc.ca/india
CANCOPY (Canadian Copyright Licensing Agency). - Patents and Copyright: cancopy.com/
Center for Advanced Study and Research on Intellectual Property.
Intellectual Property Law and domain name disputes: law.washington.edu:80/~casrip/
Chief Information Officer (Government of Canada). - IPR case law in
India and database: cio-dpi.gc.ca/home_e.html
Christians and the Copyright Law. Decker, Jack. - Intellectual Property
Law and domain name disputes: greatcontroversy.org/editorial/ed34-xnscopyrightlaw.html
Coalition for Networked Information Copyright Mailing List Archive
(CNI-COPYRIGHT). IPR case law in India and trademark database: cni.org/Hforums/cni-copyright/
Coalition for Networked Information, Interactive Multimedia Association,
John F. Kennedy School of Government, Science, Technology and Public Policy Program,
Massachusetts Institute of Technology, Summer 1994. - Intellectual Property Law: cni.org/docs/ima.ip-workshop/
Coalition for Networked Information. R E A D I (Rights for Electronic
Access to and Delivery of Information). - IPR in Copyright and Trade Marks: cni.org/projects/READI/guide/
Computer Technology and Legal Discourse: The Potential For Modern
Communication Technology To Challenge Legal Discourses Of Authorship and Property.
Halbert, Debora. - Intellectual Property Law and domain name disputes: murdoch.edu.au/elaw/indices/title/halbert_abstract.html
Computers and Copyrights: Bibliography. Kotlas, Carolyn. - IPR and Fair
Use: iat.unc.edu/guides/irg-04.html
Computers and Fair Use. Stanford University Libraries. A very good
resource. Intellectual Property Law and domain name disputes: fairuse.stanford.edu/
Computers and Law. SUNY Buffalo School of Law student site. IPR case law
in India and trademark database: wings.buffalo.edu/law/Complaw/
CONFU: The Conference on Fair Use. Stanford University Libraries. A very
good resource. Intellectual Property Law: uspto.gov/web/offices/dcom/olia/confu/
Consortium for Educational Technology for University Systems. Fair Use
of Copyrighted Works. - Fair Use in Copyright and Trade Marks: cetus.org/fairindex.html
Contracts, Copyright, and Preemption in a Digital World. Hardy, Trotter.
- Intellectual Property Law and domain name disputes: law.richmond.edu/jolt/v1i1/hardy.html
Controlling Dissemination Mechanisms: The Unstamped Press and the 'Net.
Demarest, Marc. - IPR case law in India and trademark database: ifla.org/documents/infopol/copyright/demm1.htm
Convention for the Protection of Producers of Phonograms. - Intellectual
Property Law and domain name disputes: fletcher.tufts.edu/multi/texts/BH588.txt
Copyright Act of 1976, as amended. - Trademarks and Copyright: www4.law.cornell.edu/uscode/17/
Copyright and Fair Use in the Digital Age: Q and A with Peter Lyman.
Peter Lyman. - Intellectual Property Law: educause.edu/pub/er/review/reviewArticles/30132.html
Copyright and Global Libraries: - Zamparelli, Roberto. - Going with the
Flow of Technology. IPR in Copyright and Trade Marks: firstmonday.dk/issues/issue2_11/zamparelli/index.html
Copyright and Information Services in the Context of the National
Research and Education Network. Linn, R. J. - Intellectual Property Law: ifla.org/documents/infopol/copyright/linr1.htm
Copyright and Preservation: A Serious Problem in Need of a Thoughtful
Solution. - Patent and Copyright: palimpsest.stanford.edu/byauth/oakley/index.html
Copyright and the University Community. Harper, Georgia. - Intellectual
Property Law and domain name disputes: ifla.org/documents/infopol/copyright/texascp.txt
Copyright and Universities. IPR case law in India and trademark
database: arl.cni.org/scomm/copyright/UniCopy.html
Copyright Clearance Center Online. Intellectual Property Law and domain
name disputes: copyright.com
Copyright Decisions of the U.S. Supreme Court (since May 1990). - IPR in
Copyright and Trade Marks: www4.law.cornell.edu/cgi-bin/empower?DB=SupctSyllabi&TOPDOC=0&QUERY00=copyright
Copyright for Computer Authors. Field, Thomas G., Jr. - Intellectual
Property Law: fplc.edu/TFIELD/CopySof.htm
Copyright Impediments to the Preservation of Australia's Documentary
Heritage. - Bellingham, Katy and Lavrencic, Tamara. - IPR and Copyright: ifla.org/documents/infopol/copyright/kbell1.htm
Copyright in the Digital Age. Coyle, Karen. - Intellectual Property Law:
kcoyle.net/sfpltalk.html
Copyright in the Digital Networked Environment. Shade, Leslie Regan. -
Discussion Paper for Intellectual Property or Public Knowledge: A Roundtable Discussion of
Copyright in the Nineties, Concordia University, April 7, 1995. - IPR in Copyright and
Trade Marks: ifla.org/documents/infopol/copyright/shade01.htm
Copyright in the New World of Electronic Publishing. - Strong, William
S. - Intellectual Property Law and domain name disputes: press.umich.edu/jep/works/strong.copyright.html
Copyright in Visual Arts. Field, Thomas G., Jr. - IPR and Copyright: fplc.edu/TFIELD/CopyVis.htm
Copyright Law and the Doctoral Dissertation: Guidelines to Your Legal
Rights and Responsibilities. Crews, Kenneth D. - Intellectual Property Law: ilt.columbia.edu/projects/copyright/papers/crews2.html
Copyright Law in Japan. - IPR in Copyright and Trade Marks: ntt.com/japan/misc/copyright.html
Copyright Law, Libraries, and Universities: Overview, Recent
Developments, and Future Issues. Crews, Kenneth D. - Intellectual Property Law: ifla.org/documents/infopol/copyright/rights.txt
Copyright Law. - Breslow, Jordan J. - IPR and Fair Use: eff.org/pub/Intellectual_property/copyright_law.paper
Copyright Myths FAQ. - Templeton, Brad. - Intellectual Property Law: templetons.com/brad/copymyths.html
Copyright Office, Library of Congress. - IPR in Copyright and Trade
Marks: ifla.org/documents/infopol/copyright/usbasics.txt
Copyright protection of computer programs in the European
Communities/1991. - Intellectual Property Law: ifla.org/documents/infopol/copyright/eccomp.txt
Copyright Reform in Canada: - Gow, Gordon A. - Domestic Cultural Policy
Objectives and the Challenge of Technological Convergence. - IPR and Patents: sfu.ca/~gagow/capcom/cpyrght.htm
Copyright, Digital Media, and Libraries. Halbert, Martin. - Intellectual
Property Law: eff.org/pub/Legal/comp_law.biblio
Copyright: The Glue of the System. Fisher, Janet. - Journal of
Electronic Publishing. - IPR in Copyright and Trade Marks: press.umich.edu/jep/works/fisher.copyright.html
Copyrighting Public Domain Programs. - Intellectual Property Law and
domain name disputes: wiretap.area.com/Gopher/Library/Article/Publish/copyrite.doc
Copyrighting Public Domain Programs. Moore, June B. - IPR and Public
Domain: ifla.org/documents/infopol/copyright/moore.txt
Copyrights in Cyberspace. - Intellectual Property Law: nolo.com/encyclopedia/articles/pct/nn197.html
Copywrong. Stallman, Richard M. - IPR in Copyright and Trade Marks: wired.com/wired/archive/1.03/1.3_stallman.copyright.html
Crown Copyright in the United Kingdom and other Commonwealth Countries.
- Sterling, J.A. - Crown copyright in Cyberspace Conference. CRDP, Montréal vendredi, 12
mai 1995. - Intellectual Property Law: droit.umontreal.ca/crdp/en/equipes/technologie/conferences/dac/index.html
CyberLaw and CyberLex. An educational service focusing on legal issues
concerning computer technology. Trade Marks, Trade Secret and Moral Rights: cyberlaw.com
CyberSpace Law Center. Intellectual Property Law and domain name
disputes: cyber.findlaw.com/clcindex.htm
Deposit, Registration and Recordation in an Electronic Copyright
Mangement System. Kahn, Robert E. - Intellectual Property Law: ifla.org/documents/infopol/copyright/kahn.txt
Designing a Web of Intellectual Property. Norderhaug, Terje and
Oberding, Juliet M. - IPR case law in India and trade mark database: ifla.org/documents/infopol/copyright/nort1.htm
Digital Media and the Law. Samuelson, Pamela. - Intellectual Property
Law and domain name disputes: eff.org/pub/Intellectual_property/digital_media_and_law.paper
Educators' Attitudes and Related Copyright Issues in Education: - Chase,
Mark E. - A Review of Selected Research 1980-1992. - IPR in Copyright and Trade Marks: ifla.org/documents/infopol/copyright/cham.txt
EFF Intellectual Property Issues and Policy Archive. Intellectual
Property Law: eff.org/pub/Intellectual_property
E-LAW 4: Computer Information Systems Law and System Operator Liability.
Loundy, David. - IPR case law in India and trade mark database: loundy.com/E-LAW/E-Law4-full.html
Electronic Privacy Information Center. Somewhat peripheral but some
items may be of interest. Intellectual Property Law: epic.org
Entertainment Law Resources for Film, TV and Multimedia Producers. Mark
Litwak. A number of interesting papers. IPR case law in India and trade mark
database: laig.com/law/entlaw
European Commission. Green Paper: Copyright and Related Rights in the
Information Society. - Intellectual Property Law: europa.eu.int/scadplus/leg/en/lvb/l24152.htm
Final SubCommittee Report on Copyright and the Information Highway. -
Canadian Information Highway Advisory Council - May, 1995. - Intellectual Property Law: ifla.org/documents/infopol/copyright/cihac007.txt
First Amendment Rights for Information Providers. Samuelson, Pamela. -
IPR case law in India and trade mark database: eff.org/pub/Intellectual_property/first_amend_rights_for_info_providers.paper
Franklin Pierce Law Center. Intellectual Property Law: fplc.edu/fplchome.htm
Galaxy Intellectual Property Law. IPR case law in India and trade
mark database: galaxy.com/galaxy/Government/Law/Intellectual-Property-Law.html
GNU'S Not UNIX. - Stallman, Richard. - Stallman discusses his
public-domain UNIX-compatible software system July 1986. - Intellectual Property Law: ifla.org/documents/infopol/copyright/stallman.txt
Home Recording Rights Coalition. IPR case law in India and trade
mark database: hrrc.org
Institute for Learning Technologies. Comments to the IITF on the
Preliminary Report of the Working Group on Intellectual Property. August 1994. -
Intellectual Property Law:
ilt.columbia.edu/projects/copyright/papers/iltdocs/ILTWGIP.html
Intellectual Preservation and Electronic Intellectual Property. Graham,
Peter S. - IPR case law in India and trade mark database: ifla.org/documents/infopol/copyright/graham.txt
Intellectual Property and the National Information Infrastructure.
Preliminary Draft (July 1994) of the Report of the Working Group on Intellectual Property
Rights, a subgroup of the Information Infrastructure Task Force. - Intellectual Property
Law: uspto.gov/web/offices/com/doc/ipnii/
Intellectual Property and the National Information Infrastructure.
Report of the Working Group on Intellectual Property Rights. September 1995. - IPR and
Moral Rights: ifla.org/documents/infopol/copyright/ipnii.txt (584 K)
Intellectual Property Header Descriptors: A Dynamic Approach. -
Upthegrove, Luella and Roberts, Tom. - Intellectual Property Law: ifla.org/documents/infopol/copyright/uptl.txt
Intellectual Property Law Primer for Multimedia Developers. - Brinson,
J. Dianne and Mark F. Radcliffe. - IPR case law in India and trade mark database: timestream.com/web/info/mmlaw.html
Intellectual Property Owners (IPO). An organization serving owners of
patents, trademarks, copyrights and trade secrets. Intellectual Property Law: ipo.org/
Intellectual Property Primer. - Brooks and Kushman - IPR case law in
India and trademark database: spi.org/bkprime.pdf
Intellectual Property Protection Regimes in the Age of the Internet.
Schlacter, Eric. - Intellectual Property Law and domain name disputes: ifla.org/documents/infopol/copyright/sche1.htm
Intellectual Property: The Practical and Legal Fundamentals. Field,
Thomas G., Jr. - IPR case law in India and trademark database: fplc.edu/tfield/plfip.htm
Intellectual Value. Dyson, Esther. - Intellectual Property Law: wired.com/wired/archive/3.07/dyson.html
International Convention for the Protection of Performers, Producers of
Phonograms and Broadcasting Organizations. - IPR case law in India and trademark
database: fletcher.tufts.edu/multi/texts/performance.txt
International Entertainment, Multimedia and Intellectual Property Law
and Business Network. Intellectual Property Law: laig.com/law/intnet
International Federation of Library Associations and Institutions
(IFLA). Position paper on copyright in the electronic environment. - Intellectual Property
Law: ifla.org/V/ebpb/copy.htm
International Publishers Association. Position Paper on Libraries,
Copyright and the Electronic Environment of the International Publishers Copyright Council
(IPCC). - IPR case law in India and trademark database: ifla.org/documents/infopol/copyright/ipa.txt
Is Information Property? Samuelson, Pamela. - Intellectual Property Law
and domain name disputes: eff.org/pub/Intellectual_property/is_info_property.paper
It's the Context, Stupid. Saffo, Paul. - IPR case law in India and
trademark database: ifla.org/documents/infopol/copyright/safp1.htm
Knowbots, Permissions Headers and Contract Law (networked intellectual
property). Perritt,Henry W., Jr. - Intellectual Property Law: ifla.org/documents/infopol/copyright/perh2.txt
League for Programming Freedom. An organization that opposes software
patents and interface copyrights. IPR case law in India and trademark database: lpf.ai.mit.edu/
Legal Information Institute. Cornell University Law School. A great
collection of legal materials. See the topical listings under "intellectual
property." Intellectual Property Law: law.cornell.edu/
Legally Speaking: The NII Intellectual Property Report. Samuelson,
Paula. - IPR case law in India and trademark database: ilt.columbia.edu/projects/copyright/papers/samuelson2.html
Library of Congress. Copyright Office. - Intellectual Property Law and
domain name disputes: lcweb.loc.gov/copyright/
Luxembourg, 26 April 1995 - IPR case law in India and trade mark
database: www2.echo.lu/legal/en/950426/toc.html
Making the New Media Deal. Gloster, Deam M. and Kat McCabe. -
Intellectual Property Law and domain name disputes: ifla.org/documents/infopol/copyright/glod1.htm
Meta-Information, The Network of the Future and Intellectual Property
Protection. Phillips, Kenneth L. - IPR case law in India and trade mark database: ifla.org/documents/infopol/copyright/phillips.txt
MIT. Ethics and Law on the Electronic Frontier. - Course offered at MIT.
- Intellectual Property Law and domain name disputes: www-swiss.ai.mit.edu/6095/
Movie Licensing U.S.A. IPR case law in India and trade mark
database: movlic.com
MPLC - Motion Picture Licensing Corporation. Intellectual Property Law: mplc.com/
Multimedia Content and the Super Highway: Rapid Acceleration or Foot on
the Brake? Greguras, Fred, Egger, Michael R. and Wong, Sandy J. - IPR case law in India
and trade mark database: batnet.com/oikoumene/mmcopyright.html
Music Publishers Association of the United States. Intellectual Property
Law and domain name disputes: mpa.org/
National Library of Australia. Submission to the Copyright Law Review
Committee on Reference to Review and Simplify the Copyright Act 1968. IPR case law in
India and trade mark database: nla.gov.au/policy/clrc.html
National Writers Union. Statement of Principles on Contracts between
Writers and Electronic Book Publishers. - Intellectual Property Law: ilt.columbia.edu/projects/copyright/papers/NWU/NWU1.html
Need-Based Intellectual Property Protection and Networked University
Press Publishing. Jensen, Michael. - IPR case law in India and trade mark database: ifla.org/documents/infopol/copyright/jensen.txt
Negativland. Fair Use. A band that has been involved in a copyright case
law involving musical samples. - Intellectual Property Law: ifla.org/documents/infopol/copyright/ngtvland.txt
Panel Discussion: Intellectual Properties Issues. Okerson, Ann. - IPR
case law in India and trade mark database: ifla.org/documents/infopol/copyright/okerson.htm
Panel session at SIGGRAPH 91. Association for Computing Machinery, 1991.
- Intellectual Property Law and domain name disputes: ifla.org/documents/infopol/copyright/denm.txt
Patent Cooperation Treaty 1970. - IPR case law in India and trade
mark database: ifla.org/documents/infopol/copyright/patent.txt
Patently Absurd. Garfinkel, Simson L. - Intellectual Property Law: wired.com/wired/archive/2.07/patents.html
PATSCAN. - IPR case law in India and trade mark database: patscan.ca
Permission Headers and Contract Law. - Perritt, Henry W., Jr. -
Intellectual Property Law and domain name disputes: ifla.org/documents/infopol/copyright/perritt.txt
Picture Agency Council of America. The Copyright Commandments from PACA.
- IPR case law in India and trademark database: indexstock.com/pages/pacacrl.htm
Practical and Legal Protection of Computer case law and trademark
databases. - Intellectual Property Law: FloridaLawFirm.com/article.html
Property Rights in the Electronic Dawn. Demac, Donna. - IPR case law in
India and trademark database: ifla.org/documents/infopol/copyright/demac2.htm
Proposed Guidelines on Fair Use for the Preservation of Library
Materials. Conference on Fair Use of the Working Group on Intellectual Property of the
Information Infrastructure Task Force. January 19, 1995. Intellectual Property Law: ifla.org/documents/infopol/copyright/preserve.txt
Protect Revenues, Not Bits: Identify Your Intellectual Property.
Gerovac, Branko and Richard J. Solomon. - IPR case law in India and trademark
database: ifla.org/documents/infopol/copyright/gerovac.txt
Protecting rights in user interface designs. Shneiderman, Ben . -
Intellectual Property Law and domain name disputes: wiretap.area.com/Gopher/Library/Article/Rights/userintf.cp
Protection of Intellectual Property in the National Information
Infrastructure. Perrit Jr., Henry. - Statement to the Working Group on Intellectual
Property of the Information Policy Committee of the National Information infrastructure
(NII) Task Force. c1993. - IPR case law in India and trademark database: ifla.org/documents/infopol/copyright/perh1.txt
Recommended Principles for Contracts Covering Online Book Publishing. -
Intellectual Property Law and domain name disputes: ifla.org/documents/infopol/copyright/nwu2.htm
Regulations. - Washington, June 19, 1970. - IPR case law in India
and trademark database: ifla.org/documents/infopol/copyright/patentrg.txt
Report of the AAU Task Force on Intellectual Property Rights in an
Electronic Environment. - Intellectual Property Law: ifla.org/documents/infopol/copyright/intllpty.txt
Response to Dr. Linn's paper "Copyright and Information Services in
the Context of the National Research and Education Network." Ebersole, Joseph L. -
IPR case law in India and database: ifla.org/documents/infopol/copyright/ebersole.txt
Review and Analysis of the Report of the Working Group on Intellectual
Property Rights, Intellectual Property and the National Information Infrastructure (White
Paper). Lutzker, Arnold. - Intellectual Property Law and domain name disputes: ifla.org/documents/infopol/copyright/ipwp-rev.txt
Revising Copyright Law for the Information Age. Littman, Jessica. - IPR
case law in India and trademark database: wwwsecure.law.cornell.edu/commentary/intelpro/litrvtxt.htm
Revising the Copyright Law for Electronic Publishing. Loundy, David. -
Intellectual Property Law and domain name disputes: Loundy.com/Revising.html
Rights of Attribution and Integrity in Online Communication. - Lemley,
Mark. - IPR case law in India and trademark database: law.cornell.edu/jol/lemley.html
Software Publishers Association. Intellectual Property Law and domain
name disputes: spa.org/
Soliciting From a Spectrum of Sources. Smallson, Fran. - Intellectual
Property Magazine, February 1995. - IPR case law in India and trademark database: ifla.org/documents/infopol/copyright/smaf1.htm
Some myths about intellectual property. - Intellectual Property Law: ifla.org/documents/infopol/copyright/ipmyths.htm
Statement on Behalf of American Association of Law Libraries and Several
Other Library Organizations. Oakley, Robert L. - Working Group on Intellectual Property of
the Information Policy Committee of the National Information Infrastructure Task Force.
September 22, 1994. - IPR case law in India and trade mark database: ifla.org/documents/infopol/copyright/oakley1.txt
Statement on Behalf of Several Library and Education Associations.
Oakley, Robert L. - Intellectual Property Law: ifla.org/documents/infopol/copyright/oakley2.txt
Statement on behlaf of on behalf of the University Library, The
University of Illinois at Chicago. - Berry, John W. - Working Group on Intellectual
Property of the Information Policy Committee of the National Information Infrastructure
Task Force. September 22, 1994. - IPR case law in India and trade mark database: ifla.org/documents/infopol/copyright/berj1.txt
Statement on Lawful Uses of Copyrighted Works. - Intellectual Property
Law and domain name disputes: ifla.org/documents/infopol/copyright/uses.htm
Study on New Media and Copyright. Final Report. Prepared for Industry
Canada, New Media, Information Technologies Industry Branch. June 30, 1994. - IPR case law
in India and trade mark database: ifla.org/documents/infopol/copyright/nglfinal.txt
The Copyright Grab. Samuelson, Pamela. - Intellectual Property Law
domain name disputes: wired.com/wired/archive/4.01/white.paper.html
The Copyright Law and the Musician. - Richards, David. - IPR case law in
India and trade mark database: ifla.org/documents/infopol/copyright/ricd.txt
The Copyright Web Site. An excellent collection of resources on
intellectual property in the new media environment. Intellectual Property Law: benedict.com/
The Economy of Ideas - Barlow, John Perry - A framework for rethinking
patents and copyrights in the Digital Age (Everything you know about intellectual property
is wrong). - IPR case law in India and trade mark database: wired.com/wired/archive/2.03/economy.ideas.html
The Institute for Learning Technologies. Provides an excellent source
for locating Internet information resources about copyright. Intellectual Property Law: ilt.columbia.edu/projects/copyright/
The Intellectual Property Information Mall. Franklin Pierce Law Center.
IPR case law in India and trademark database: piercelaw.edu/tfield/ipbasics.htm
The Internet and the Anti-net. Arnett, Nick. - Intellectual Property
Law: ifla.org/documents/infopol/copyright/antinet.htm
The Norwegian Reproduction Rights Organization. - IPR case law in India
and trademark database: kopinor.no/
The Operating Dynamics Behind ASCAP, BMI and SESAC, The U.S. Performing
Rights Societies. Massarsky, Barry M. - Intellectual Property Law: ifla.org/documents/infopol/copyright/massarsk.txt
The Strategic Environment for Protecting Multimedia. Kahin, Brian. - IPR
case law in India and trademark database: ifla.org/documents/infopol/copyright/kahin.txt
The Villanova Center for Information Law and Policy. Intellectual
Property Law: cilp.org/
Title 37 Code of Federal Regulations. This is the section detailing
claims to copyright, freedom of information, and other relevant legal statutes. IPR case
law in India and trademark database: wwwsecure.law.cornell.edu/copyright/regulations/regs.overview.html
TONO, The Norwegian Performing Right. Society. - Intellectual Property
Law and domain name disputes: tono.no
Trademarks Along the Infobahn: - Burk, Dan L. - A look at the Emerging
Law of Cybermarks. - IPR case law in India and trademark database: ei.cs.vt.edu/~wwwbtb/book/chap9/refs.html
Transborder Intellectual Property Issues on the Electronic Frontier. -
Burk, Dan L. - Stanford Law and Policy Review. Vol. 5, Copyright 1994. - Intellectual
Property Law: ifla.org/documents/infopol/copyright/dburk2.txt
Transcript, Public Hearing on Intellectual Property Issues. NII Task
Force Working Group on Intellectual Property, November 18, 1993. IPR case law in India
and database: ilt.columbia.edu/projects/copyright/papers/hearing.html
U.S. Copyright Documents. Intellectual Property Law and domain name
disputes: wiretap.area.com/Gopher/Gov/Copyright/
U.S. Copyright Office. IPR case law in India and trademark
database: loc.gov/copyright/
U.S. House of Representatives. Internet Law Library. Intellectual
property and domain name disputes. Intellectual Property Law: law.house.gov/105.htm
U.S. NTIA. Virtual Conference on Universal Access and Open Service.
November 1994. Intellectual Property and the Information Infrastructure. James M. Bower. -
IPR case law in India and trademark database: ifla.org/documents/infopol/copyright/jbower.txt
U.S. Patent and Trademark Office. Intellectual Property Law: uspto.gov/
U.S. Supreme Court Intellectual Property Decisions. IPR case law in
India and trademark database: www4.law.cornell.edu/cgi-bin/empower?DB=SupctSyllabi&TOPDOC=0&QUERY00=copyright+patent+trademark
Understanding Copyright Law. Index Stock Photography, Inc. -
Intellectual Property Law and domain name disputes: indexstock.com/pages/copyrite.htm
Understanding Intellectual Property Rights. Fernandez, Dennis. - IPR
case law in India and trademark database: batnet.com/oikoumene/dfIPRights.html
United States Code, Title 17. This is a gopher containing the full text
of Title 17. The title outlines the scope and uses of copyright. Intellectual Property
Law: www4.law.cornell.edu/uscode/17/
United States Patent Act, as amended. IPR case law in India and
trademark database: www4.law.cornell.edu/uscode/35/
Universal Copyright Convention (1971). - Intellectual Property Law: fletcher.tufts.edu/multi/texts/UNTS13444.html
USENET. misc.int-property - IPR case law in India and trademark
database: news:misc.int-property
USF Intellectual Property Online. Intellectual Property Law and domain
name disputes: usfca.edu/ipla/
Weaving Webs of Ownership: Intellectual Property in an Information Age.
Halbert, Debora. - IPR case law in India and trademark database: futures.hawaii.edu/dissertation/TOC2.html
When Works Pass Into the Public Domain. Gassaway, Laura. - Intellectual
Property Law: smartbiz.com/sbs/arts/ipi5.htm
World Intellectual Property Organization (WIPO). IPR in domain name
disputes with India case law and trademark database: wipo.org
WWW Multimedia Law. Intellectual Property Law: batnet.com/oikoumene/ |
Trade secret law has gained importance in India only recently with the
intensification of competition. Coca Colas formula has been protected for over a
century under tradesecret law. The first reported trade secret case in England is Newbery
v. James, 35 Eng. Rep. 1011 (Ch. 1817).
Empire Steam Laundry v. Lozier, 165 Cal. 95, 96 (1915) - was the first
to hold that what is now Business & Professions Code section 16600 does not void trade
secrecy obligations because "Equity always protects against the unwarranted
disclosure and unconscionable use of trade secrets and confidential business
communications." Customer list is "a trade secret of great value." Through
Business and Professions Code section 16600, California has long provided unique
protection for employees who change jobs. Courts have used section 16600 to protect the
right to join a competitor and use nonsecret information ("confidential but not a
trade secret.") What is now section 16600 was enacted in 1872, and the earliest cases
construing the statute addressed anticompetitive arrangements between businesses.
What is a trade secret?
Trade secrets may consist of any formula, idea, physical device, pattern, process,
customer lists or other compilations of information.
Trade secret provides the owner of the information with a competitive advantage in a
competitive market.
Trade secret is protected in such a way that competitors gain knowledge of it only through
acquisition or theft.
Potential trade secrets are a secret recipe or a formula for a drink, survey methods used
by professional pollsters, a new invention for which a patent application has not yet been
filed, marketing strategies, manufacturing techniques and computer algorithms.
Trade secret is not registered with the government as is done in the case of intellectual
properties such as patents, copyrights and trademarks. Tradesecrets need not ever be
disclosed.
The only way to protect trade secret is to keep the information confidential. Trade secret
protection lasts for as long as the trade secret is kept confidential. Trade secret
protection ends the moment a trade secret is made available to the public.
How to keep and protect trade secrets?
Trade secrets are valuable intellectual property that cannot be protected by intellectual
property laws such as patents, copyrights and trademarks laws. So, the best way to keep
and protect trade secrets is:
- By keeping a new idea or business concept secret in order to enjoy a
competitive advantage as a early mover.
- By keeping competitors from learning that a product or service is under
development and from discovering its functional or technical attributes.
- By protecting valuable business information such as marketing plans, cost
and price information and customer lists.
- By protecting both negative and positive information learned during the
course of research and development.
- By protecting any other information that has some value and is not
generally known by your competitors.
What are trade secret ownership rights?
A company owning tradesecrets can prevent any employee who routinely comes into contact
with the employer's trade secrets as part of the employee's job, who is automatically
bound by a duty of confidentiality, not to disclose or use trade secret information, from
copying, using and benefiting from its trade secrets or disclosing them to others without
permission.
A company owning tradesecrets can prevent those who acquire a trade secret through
improper means such as theft, industrial espionage or bribery, from copying, using and
benefiting from its trade secrets or disclosing them to others without permission.
A company owning tradesecrets can prevent those who knowingly obtain trade secrets from
people who have no right to disclose them, from copying, using and benefiting from its
trade secrets or disclosing them to others without permission.
A company owning tradesecrets can prevent those who learn about a trade secret by accident
or mistake, but had reason to know that the information was a protected trade secret, from
copying, using and benefiting from its trade secrets or disclosing them to others without
permission.
A company owning tradesecrets can prevent those who sign nondisclosure agreements
("confidentiality agreements") from copying, using and benefiting from its trade
secrets or disclosing them to others without permission.
Employees are normally bound by an implied duty not to disclose sensitive information.
Even then, nondisclosure agreements should preferably be signed by all employees who come
into contact with a company's trade secrets, including high-level employees and company
presidents. Nondisclosure agreements make it clear to the employee that the company's
trade secrets must be kept confidential. A company's lenders, investors and potential
investors may also insist that employees sign nondisclosure agreements.
People who discover the tradesecret independently, without using illegal means or
violating agreements or state laws cannot be stopped from using information protected
under trade secret law.. It is not a violation of trade secret law to "reverse
engineer" any lawfully obtained product and determine its trade secret.
Product X is comprised of a trade secret protected formula. Y reverse engineers the
Product X and recreates the formula. Y can legally use this information to make and sell
his own Product X.
How can trade secrets be protected?
There must be a clear demonstrated intention to keep any valuable business information a
trade secret by marking documents containing trade secrets "Confidential,"
maintaining computer security and limiting access to secrets.
Trade secrets are best protected through the use of nondisclosure agreements. Courts have
repeatedly reiterated that the use of nondisclosure agreements is the best demonstrated
way to maintain the secrecy of confidential information.
Lack of nondisclosure agreements gives rise to doubts about genuine intention to keep
trade secrets protected.
Enforcing trade secret rights if someone steals or improperly discloses confidential
information.
Every state has enacted a law prohibiting theft or disclosure of trade secrets. Most of
these laws are derived from the Uniform Trade Secrets Act (UTSA).
A trade secret owner can enforce rights against someone who steals confidential
information by asking a court to issue an injunction preventing further disclosure. If
Company X learns that an employee has emailed trade secrets to Company Y, Company X can
obtain a court order preventing use of the secrets by Company Y. A trade secret owner can
also collect damages for any economic injury suffered as a result of the trade secret's
improper acquisition and use.
Examples of trade secret infringement that can lead to trade secret lawsuits:
- X, a former employee of Y, discloses Y's trade secrets to a new employer.
- X hacks into the network for a company and downloads information. X sells
the information to a third party which a rival company.
- X works as an independent contractor for Y. X signed a nondisclosure
agreement with Y, but later discloses Y's secrets to a rival.
In order to succeed in a trade secret infringement suit, a trade secret
owner must show
- that the information alleged to be confidential provides a competitive
advantage,
- that the information really is maintained in secrecy,
- that the information was improperly acquired by the defendant (if the
defendant is accused of making commercial use of the secret), or
- that the information was improperly disclosed by the defendant (if the
defendant is accused of leaking the information).
The "Inevitable Disclosure" Doctrine
A company may prevent a former employee from working for a competitor if the company can
demonstrate that employment with the competitor will inevitably lead to disclosure of
trade secrets.
In PepsiCo, Inc. v. Redmond, 54 F.3d 1262 (7th Cir. 1995), there is
discussion of when disclosure of trade secrets is inevitable.
The court identified several factors to be weighed in determining whether disclosure of
trade secrets in inevitable including;
(1) Is the new employer a competitor? (2) What is the scope of the defendants new
job? (3) Has the employee been less than candid about his new position? (4) Has the
plaintiff clearly identified the trade secrets that are at risk? (5) Has actual trade
secret misappropriation already occurred? (6) Did the employee sign a nondisclosure and/or
non-competition agreement? (7) Does the new employer have a policy against use of
others trade secrets? (8) Is it possible to sanitize the employees
new position?
PepsiCo (1995 case) successfully argued that a former executive could
not work as Chief Executive Officer of a competitor Gatorade and Snapple because the
executive will inevitably rely on PepsiCo's trade secrets and in the process give the
competitor an unfair advantage over PepsiCo.
The inevitable disclosure doctrine has been rejected by many States
because it challenges an employee's basic freedom to switch employers. A court may refuse
to apply the inevitable disclosure doctrine unless
- additional bad faith is shown
- underhanded dealing is proved, or
- a competitor who does not have comparable technology has employed the
worker.
Does the stealing of trade secrets constitute a crime?
Intentional theft of trade secrets can constitute a crime under both federal and state
laws. Theft includes not only literal theft but also such practices as flying
a plane over a factory to take pictures to deduce the production process. The most
significant federal law dealing with trade secret theft is the Economic Espionage Act of
1996 (EEA) (18 U.S.C., Sections 1831 to 1839). The EEA gives the U.S. Attorney General
sweeping powers to prosecute any person or company involved in trade secret
misappropriation and punishes intentional stealing, copying or receiving of trade secrets.
Individuals may be fined up to $500,000 and corporations up to $5 million. A violator may
also be sent to prison for up to ten years. All property used and proceeds derived from
the theft can be seized and sold by the government.
The EEA applies not only to thefts that occur within the United States, but also to thefts
outside the U.S. if the thief is a U.S. citizen or corporation, or if any act in
furtherance of the offense occurred in the U.S. If the theft is performed on behalf of a
foreign government or agent, the corporate fines can double and jail time may increase to
15 years.
Trade secret infringement a crime in California. It is a crime to acquire, disclose or use
trade secrets without authorization. Violators may be fined up to $5,000, sentenced to up
to one year in jail, or both. (Cal. Penal Code Section 499c.)
Doctrine of Abandonment
Abandonment of trademark rights only occurs when use of the
mark has been discontinued with intent not to resume, or when the owner allows
the mark to become generic. 15 U.S. Code §1127. Failure to police
the mark is only relevant if the mark has lost all significance as an indication of
origin. 2 McCarthy on Trademarks and Unfair Competition §17.05.
Abandonment, under copyright law, occurs when there is a
proven intent to abandon ones rights. National Comics Pubs. v. Fawcett Pubs., 191
F.2d 594, 598 (2d Cir. 1951); Dam Things From Denmark v. Russ Berrie & Co., 290 F.3d
548, 560 (3d Cir. 2002). Failure to pursue third-party infringers has regularly been
rejected as a defense to copyright infringement or as an indication of abandonment.
Capitol Records v. Naxos of America, 372 F.3d 471, 484 (2d Cir. 2004).
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