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Intellectual Property, Finance and Corporate Governance (Routledge Research in Intellectual Property)
by Janice DenoncourtIP law has evolved from being a little pool to a big ocean. Corporate governance needs to respond to society’s rising expectations of directors and boards as the impact of the global intellectual property ecosystem is felt. How can a responsible corporate culture of IP transparency be stimulated to create a rosy future to connect corporate communication with the desires of shareholders, investors and other stakeholders? The astonishing lack of material quantitative and qualitative information companies report about their IP assets makes it difficult for shareholders and other stakeholders to assess directors’ stewardship of those assets – a pressing corporate governance issue in the 21st century. This book advances IP reporting in alignment with the key corporate governance principles of transparency and disclosure. It analyses the juncture between the IP ecosystem; corporate finance and accounting for intangibles; and corporate governance. Patents, mini-case studies and an original business triage style model for assessing IP disclosures are used to illustrate the gaps corporate governance theory needs to address. Focussing on the common law tradition of corporate governance in England and Wales, intangibles and IP reporting developments in other jurisdictions are also explored.
Intellectual Property, Finance and Corporate Governance (Routledge Research in Intellectual Property)
by Janice DenoncourtIP law has evolved from being a little pool to a big ocean. Corporate governance needs to respond to society’s rising expectations of directors and boards as the impact of the global intellectual property ecosystem is felt. How can a responsible corporate culture of IP transparency be stimulated to create a rosy future to connect corporate communication with the desires of shareholders, investors and other stakeholders? The astonishing lack of material quantitative and qualitative information companies report about their IP assets makes it difficult for shareholders and other stakeholders to assess directors’ stewardship of those assets – a pressing corporate governance issue in the 21st century. This book advances IP reporting in alignment with the key corporate governance principles of transparency and disclosure. It analyses the juncture between the IP ecosystem; corporate finance and accounting for intangibles; and corporate governance. Patents, mini-case studies and an original business triage style model for assessing IP disclosures are used to illustrate the gaps corporate governance theory needs to address. Focussing on the common law tradition of corporate governance in England and Wales, intangibles and IP reporting developments in other jurisdictions are also explored.
Intellectual Property & Free Trade Agreements (International Intellectual Property Law Series)
by Christopher Heath Anselm Kamperman SandersIntellectual Property and Free Trade Agreements presents the papers of the sixth IP conference organised by the Macau Institute of European Studies (IEEM) on intellectual property law and the economic challenges for Asia. The objective of the conferences is to provide up-to-date information on developments in global intellectual property law and policy and their impact on regional economic and cultural development. The current volume deals with the implications of free trade agreements for the international framework of intellectual property law, a topic of enormous economic and legal importance given the increasing number of free trade agreements in force or under negotiation.
Intellectual Property, Free Trade Agreements and the United Kingdom: The Continuing Influence of European Union Law
by Phillip JohnsonExamining how trade agreements are interpreted both in trade tribunals and in the United Kingdom, this innovative book provides a well-rounded exploration of the numerous UK free trade agreements, including the UK-EU Trade and Cooperation Agreement, and their legal and policy implications for intellectual property.Providing a detailed assessment of the continuing role of EU standards in the UK, Phillip Johnson highlights how the UK has played an active role in shaping EU intellectual property law and policy. He explores the extent to which the UK’s “new” trade agreements are tied to existing EU law and how this will preserve those standards in the UK, and how this might been received both nationally and globally. An extensive range of critical issues is covered, including copyright, patents, designs, trade marks, border control and technology transfer as well as featuring a calendar of EU laws which are replicated in the UK’s current free trade agreements.This authoritative book will be an important source of reference for academics and practitioners seeking to understand the role of intellectual property law in UK and EU free trade agreements, as well as scholars and students of intellectual property, trade laws, and European Law.
Intellectual Property in Asia: Law, Economics, History and Politics (MPI Studies on Intellectual Property and Competition Law #9)
by Peter Ganea Tanuja V. Garde Ashley Isaacson WoolleyIntroduction Intellectual property rights foster innovation. But if, as it surely does, “intellectual property” means not just intellectual property rules—the law of patents, copyrights, trademarks, designs, trade secrets, and unfair competition—but also intellectual property institutions—the courts, police, regulatory agencies, and collecting soc- ties that administer these rules—what are the respective roles of intellectual property rules and institutions in fostering creativity? And, to what extent do forces outside intellectual property rules and institutions—economics, culture, politics, history—also contribute to innovation? Is it possible that these other factors so overwhelm the impact of intellectual property regimes that it is futile to expect adjustments in intellectual property rules and institutions to alter patterns of inno- tion and, ultimately, economic development? It was to address these questions in the most dynamic region of the world today, Asia, that we invited leading country experts to contribute studies that not only summarize the current condition of intellectual property regimes in countries ranging in economic size from Cambodia to Japan, and in population from Laos to China, but that also describe the historical sources of these laws and institutions; the realities of intellectual property enforcement in the marketplace; and the political, economic, educational, and scientific infrastructures that sustain and direct inve- ment in innovative activity. A.
Intellectual Property in Asian Emerging Economies: Law and Policy in the Post-TRIPS Era
by Assafa EndeshawThis book critically reviews the recurrent debate on Intellectual Property law and policy in developing countries carried out in the last decade. It identifies the still unresolved policy issues and proposes alternative approaches that resonate with the needs for transformation of the economic and social reality of developing countries. Focusing on emerging economies in Asia, the work draws the wider lessons to be learnt by researchers, policy makers, legislators and the business sector in general and concludes by putting forward proposals for reform.
Intellectual Property in Asian Emerging Economies: Law and Policy in the Post-TRIPS Era
by Assafa EndeshawThis book critically reviews the recurrent debate on Intellectual Property law and policy in developing countries carried out in the last decade. It identifies the still unresolved policy issues and proposes alternative approaches that resonate with the needs for transformation of the economic and social reality of developing countries. Focusing on emerging economies in Asia, the work draws the wider lessons to be learnt by researchers, policy makers, legislators and the business sector in general and concludes by putting forward proposals for reform.
Intellectual Property in China: Legal And Tax Implication (China Law, Tax & Accounting)
by Giovanni Pisacane Daniele ZibettiThis book offers a guide to intellectual property law in the People’s Republic of China. It simplifies the complex and rather atypical judicial system and uses practical cases to demonstrate how Chinese IP law really works. The IP system is evolving rapidly in China, with the adoption of numerous new laws and regulations, more sophisticated and detailed than their predecessors. As such the book provides an up-to-date overview of the field, including legal protection and tax assessment practices in China, focusing especially on matters regarding trademark, patent and copyright law and its protection. It also covers Chinese IP in the international context, discussing all the relevant international organizations and treaties. Furthermore, by presenting the right mix of practice and theory, and examining the best-known IP infringement cases in China, it allows readers to gain an understanding of potential IP infringement risks and ways to protect their own legal rights and interests. In addition, it provides insights into the important area of valorization and fiscal management of IP in China. Based on written law and regulations as well as the authors’ expertise, it is a valuable resource for foreign lawyers and foreign companies alike.
Intellectual Property in Consumer Electronics, Software and Technology Startups
by Gerald B. Halt, Jr. John C. Donch, Jr. Amber R. Stiles Robert FesnakThis book provides a comprehensive guide to procuring, utilizing and monetizing intellectual property rights, tailored for readers in the high-tech consumer electronics and software industries, as well as technology startups. Numerous, real examples, case studies and scenarios are incorporated throughout the book to illustrate the topics discussed. Readers will learn what to consider throughout the various creative phases of a product’s lifespan from initial research and development initiatives through post-production. Readers will gain an understanding of the intellectual property protections afforded to U.S. corporations, methods to pro-actively reduce potential problems, and guidelines for future considerations to reduce legal spending, prevent IP theft, and allow for greater profitability from corporate innovation and inventiveness.
Intellectual Property in Innovationskooperationen: Zuordnung von IP in unternehmensübergreifenden Prozessen der Innovationserstellung
by Michael HorethDas Management und der Schutz des geistigen Eigentums eines Unternehmens (Intellectual Property – IP) sind besonders für innovative Unternehmen von signifikanter, strategischer Bedeutung. Angesichts der zunehmenden Interaktionen und Kooperationen von Unternehmen bei der Innovationserstellung mit externen Dritten, erscheint der adäquate Einsatz juristischer (z.B. Patent, Design oder Marke) und faktischer Schutzinstrumente unabdingbar, um die Wettbewerbsfähigkeit eines Unternehmens zu erhalten oder sogar nachhaltig zu verbessern. Der effektive Umgang mit unternehmerischem IP im (kooperativen) Innovationsprozess ist, bedingt durch die Interdisziplinarität, jedoch mit Herausforderungen für das Management verbunden.Dr. Michael Horeth vermittelt ein weitreichendes Bild betriebswirtschaftlicher und juristischer Aspekte, das eine umfassende Perspektive auf die unternehmerische Innovationserstellung und die damit einhergehenden Aufgaben und Herausforderungen ermöglicht. Er bietet dabei fundierte Einblicke hinsichtlich der Entstehung und des Umgangs mit IP in (kooperativen) Innovationsprozessen. Besonderer Fokus wird dabei auf ein ganzheitliches Portfolio von Schutzinstrumenten für Innovationen, die Zuordnung der Rechtspositionen und die Gestaltung des Innovationsprozesses gelegt.
Intellectual Property in Russia (Routledge Studies in the Economics of Business and Industry)
by Natalia M. Udalova Anna S. VlasovaIntellectual property rights are essential for a firm’s competitive edge and success and form the significant assets for many firms. The authors of this book argue that intellectual property is a complex phenomenon, which inevitably requires a combination of both economic and legal considerations, because the lack of understanding of the mechanisms for the protection and preservation of IP can serve to undermine any of the potential economic benefits. The book outlines the opportunities that can be derived from the use of IP in business and also identifies the rules necessary for their implementation. It offers a comprehensive, systemic research of intellectual property based on the most up-to-date legislation and cases of IP use in Russia. Such an approach will allow readers to fully understand the peculiarities of IP as a special phenomenon of the Russian market. There is a good balance between theoretical knowledge and practical implementation, and the plain language and unique approach to structuring information make the book accessible and easy to understand. It contains a special glossary of terms to facilitate the understanding of the material presented in the book. Although the book looks specifically at the Russian case, it will have international appeal, since intellectual property, by its very nature, has become a transnational phenomenon. Moreover, the international regulatory framework provides for the similarity of legal regulation of IP. The book will find an audience among researchers concerned with the economics and law of intellectual property, as well as, policymakers and practitioners involved in business IP.
Intellectual Property in Russia (Routledge Studies in the Economics of Business and Industry)
by Natalia M. Udalova Anna S. VlasovaIntellectual property rights are essential for a firm’s competitive edge and success and form the significant assets for many firms. The authors of this book argue that intellectual property is a complex phenomenon, which inevitably requires a combination of both economic and legal considerations, because the lack of understanding of the mechanisms for the protection and preservation of IP can serve to undermine any of the potential economic benefits. The book outlines the opportunities that can be derived from the use of IP in business and also identifies the rules necessary for their implementation. It offers a comprehensive, systemic research of intellectual property based on the most up-to-date legislation and cases of IP use in Russia. Such an approach will allow readers to fully understand the peculiarities of IP as a special phenomenon of the Russian market. There is a good balance between theoretical knowledge and practical implementation, and the plain language and unique approach to structuring information make the book accessible and easy to understand. It contains a special glossary of terms to facilitate the understanding of the material presented in the book. Although the book looks specifically at the Russian case, it will have international appeal, since intellectual property, by its very nature, has become a transnational phenomenon. Moreover, the international regulatory framework provides for the similarity of legal regulation of IP. The book will find an audience among researchers concerned with the economics and law of intellectual property, as well as, policymakers and practitioners involved in business IP.
Intellectual Property in the Conflict of Laws: The Hidden Conflict-of-law Rule in the Principle of National Treatment (Elgar Intellectual Property Law and Practice series)
by Sierd J. SchaafsmaThe world of intellectual property (patents, trade marks, copyrights, et cetera) is becoming increasingly international. More and more frequently, disputes about intellectual property have an international character. This inevitably raises questions of private international law: which national court is competent to adjudicate an international dispute of this kind? And which national law should be applied to an international case of this kind? Since the 1990s, the first question in particular has attracted attention; in recent years, the focus has shifted to the second question: which national law is applicable? Opinions differ widely on this matter today. The controversy focuses on the question whether the Berne Convention and the Paris Convention, the two most important treaties on intellectual property, contain a rule that designates the applicable law. In other words: do these treaties contain a 'conflict-of-law rule' as it is called? This question, which concerns nearly all countries in the world, is nowadays considered to be ‘heftig umstritten’ (fiercely contested) and ‘très difficile’ (very difficult). And that is where we come across something strange: today it may be fiercely contested whether these treaties contain a conflict-of-law rule, but in the past, for the nineteenth-century authors of these treaties, it was perfectly self-evident that these treaties contain a conflict-of-law rule, namely in the ‘principle of national treatment’ as it is called. How is that possible? These are the fundamental questions at the heart of this book: does the principle of national treatment in the Berne Convention and the Paris Convention contain a conflict-of-law rule? And if so, why do we no longer understand this conflict-of-law rule today?This book is an English translation of Sierd J. Schaafsma’s groundbreaking book, which appeared in Dutch in 2009 (now updated with the most significant case law and legislation).Key features include:provides deep insight into the current state of affairs in international intellectual property lawextensive and groundbreaking analysis of the principle of national treatment in the Berne Convention and the Paris Conventiondetailed and authoritative explanation of the intersection of the conflicts of law and intellectual property law.
Intellectual Property in the Food Technology Industry: Protecting Your Innovation
by Ryan W. O’Donnell John J. O’Malley Randolph J. Huis Gerald B. HaltConsidering the effort and funding devoted to a company's success, understanding Intellectual Property rights patents, trade secrets, trademarks, and licensing is essential. Establishing appropriate internal policies from the outset can prevent companies from learning a costly and painful lesson in the courtroom. With Intellectual Property in the Food Technology Industry, currently the only book of its kind focusing specifically on the food industry, one will learn what to consider throughout the various creative phases of a product's lifespan from initial research and development initiatives through post-production. Readers will have an understanding of the intellectual property protections afforded to U.S. corporations, methods to pro-actively reduce potential problems, and guidelines for future considerations to reduce legal spending, prevent IP theft, and allow for greater profitability from corporate innovation and inventiveness.
Intellectual Property in the Global Trading System: EU-China Perspective
by Wei ShiAfter exploring multifaceted issues of IPR enforcement, this book argues that the problems with it are not an actual outcome of Confucian philosophy and "to steal a book" is not an "elegant offence." This book demonstrates that counterfeiting and piracy are inevitable consequences of inadequate economic development. It goes on to state that they are a by-product of a unique set of socioeconomic crises that have their origin in a dysfunctional institutional regime.
Intellectual Property Issues: Therapeutics, Vaccines and Molecular Diagnostics (SpringerBriefs in Biotech Patents)
by Ulrich Storz Wolfgang Flasche Johanna DriehausSpringerBriefs in Biotech Patents present timely reports of intellectual properties (IP) issues and patent aspects in the field of biotechnology. This new volume in the series focuses on the particular IP issues of therapeutics, vaccines and molecular diagnostics. The first chapter concentrates on basics principles for protecting antibody compounds. Additional ways to create follow-up protection for antibody therapeutics are also discussed. The second chapter gives an overview of the patent landscape in molecular diagnostics, and discusses issues of patentability with respect to the different technologies and compounds used therein. The third chapter gives a broad overview of areas of law that are particularly relevant to the patenting of peptide vaccines and therapeutic peptides as products and in compositions. The scope of patentable subject matter is discussed, as it has been the focus of much wrangling and debate in the courts.
Intellectual Property Issues in Microbiology
by Harikesh Bahadur Singh Chetan Keswani Surya Pratap SinghIn the current era current era of significant innovations, science and technology are powerful tools improving human welfare through prosperity and sustainable development. The development of microbiology based industries in any given country is shaped by the characteristics of its technology—particularly its close relation to scientific knowledge, and by country-specific factors such as the level and nature of the scientific knowledge base, the institutional set-up, and the role assumed by the government, all of which influence the country's ability to exploit the new opportunities.This unique book presents an integrated approach for sustained innovation in various areas of microbiology. Focusing on the industrial and socio-legal implications of IPR in microbiological advances, it offers a comprehensive overview not only of the implications of IPR in omics-based research but also of the ethical and intellectual standards and how these can be developed for sustained innovation.The book is divided into three sections discussing current advances in microbiological innovations, recent intellectual property issues in agricultural, and pharmaceutical microbiology respectively. Integrating science and business, it offers a glimpse behind the scenes of the microbiology industry, and provides a detailed analysis of the foundations of the present day industry for students and professionals alike.
Intellectual Property Jurisdiction Strategies: Where to Litigate Unitary Rights vs National Rights in the EU (Elgar Intellectual Property Law and Practice series)
by Torsten B. LarsenThis timely and practical guide compares the jurisdictional advantages of litigating a national IP right with those of the corresponding European unitary IP right. The study offers IP practitioners a meticulous yet principled basis for their jurisdictional decisions and shows why it is advantageous for infringers to litigate based on a national IP right and rightholders to litigate based on a European unitary IP right. Key features include: • the first book to focus on jurisdiction strategies in intellectual property litigation • coverage of intellectual property and private international law • analysis of the latest case law of national courts and the European Court of Justice including, Case C-523/10, Wintersteiger and Case C-360/12, Coty Prestige • helpful diagrams and tables providing easy access to key information and decision points • a state-of-the-art overview of the relevant legal framework, including the Unified Patent Court Jurisdiction and the new European Union Trademark Regulation. Intellectual Property Jurisdiction Strategies is an essential resource for intellectual property practitioners throughout the EU. It will also appeal to advanced students and academics needing an up-to-date reference for research into intellectual property law and policy.
Intellectual Property Law: Text, Cases, And Materials (Text,cases And Materials Ser.)
by Tanya Aplin Jennifer DavisThis book combines extracts from major cases and secondary materials with critical commentary to provide a complete resource for undergraduate and postgraduate students of intellectual property law. All areas of intellectual property law in the UK are covered: copyright, trade marks and passing off, confidential information, industrial designs, patent, procedure and enforcement. This book also tackles topical areas, such as the application of intellectual property law to new technologies and character merchandising. While the focus of the book is on intellectual property law in a domestic context, it provides international, EU and comparative law perspectives on major issues. It also addresses the wider policy implications of legislative and judicial developments in the area.
Intellectual Property Law
by Lionel Bently Brad Sherman Dev Gangjee Phillip JohnsonIntellectual Property Law is the definitive textbook on the subject. The authors' all-embracing approach not only clearly sets out the law in relation to copyright, patents, trade marks, passing off, and confidentiality, but also takes account of a wide range of academic opinion enabling readers to explore and make informed judgements about key principles. The particularly clear and lively writing style ensures that even the most complex areas are lucid and comprehensible. Digital formats and resources The sixth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
Intellectual Property Law (Critical Concepts In Intellectual Property Law Ser.)
by Lionel Bently Brad Sherman Dev Gangjee Phillip JohnsonIntellectual Property Law is the definitive textbook on the subject. The authors' all-embracing approach not only clearly sets out the law in relation to copyright, patents, trade marks, passing off, and confidentiality, but also takes account of a wide range of academic opinion enabling readers to explore and make informed judgements about key principles. The particularly clear and lively writing style ensures that even the most complex areas are lucid and comprehensible. Digital formats and resources The sixth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
Intellectual Property Law (Macmillan Law Masters)
by Simon Clark Tina Hart Linda FazzaniThe Palgrave Law Masters series is a long-established list of titles providing clear, concise and authoritative guides to the main subject areas, written by experienced and respected authors.This sixth edition of Intellectual Property Law has been thoroughly updated to reflect the recent developments in this intricate and technical area of commercial law. All key aspects of the topic are covered, including copyright, designs, patents, trade marks, passing off and breach of confidence. With backgrounds in both academic teaching and top legal practice, the author team combines to produce a work which is both intellectually stimulating and highly practical. The new edition includes a new expanded section on privacy. The book is an ideal course companion for undergraduates and postgraduates on law and business-related courses. It is also a useful reference for company secretaries, in-house lawyers and contracts managers.
Intellectual Property Law: Text, Cases, and Materials (Text, Cases, and Materials)
by Jennifer Davis Tanya AplinThis book combines extracts from major cases and secondary materials with critical commentary to provide a complete resource for undergraduate and postgraduate students of intellectual property law. All areas of intellectual property law in the UK are covered: copyright, trade marks and passing off, confidential information, industrial designs, patent, procedure and enforcement. This book also tackles topical areas, such as the application of intellectual property law to new technologies and character merchandising. While the focus of the book is on intellectual property law in a domestic context, it provides international, EU and comparative law perspectives on major issues. It also addresses the wider policy implications of legislative and judicial developments in the area.
Intellectual Property Law: Text, Cases, and Materials (Text, Cases, and Materials #Series Number 13)
by Jennifer Davis Tanya AplinThis book combines extracts from major cases and secondary materials with critical commentary to provide a complete resource for undergraduate and postgraduate students of intellectual property law. All areas of intellectual property law in the UK are covered: copyright, trade marks and passing off, confidential information, industrial designs, patent, procedure and enforcement. This book also tackles topical areas, such as the application of intellectual property law to new technologies and character merchandising. While the focus of the book is on intellectual property law in a domestic context, it provides international, EU and comparative law perspectives on major issues. It also addresses the wider policy implications of legislative and judicial developments in the area.
Intellectual Property Law (Macmillan Law Masters)
by Linda Fazzani Tina HartThe world of copyright, patents and trade mark law has been transformed by the Copyright, Designs and Patents Act 1988, the Trade Marks Act 1994 and the explosion of electronic media.This lively and accessible guide to a complex field brings together an academic familiar with problems that students face and a leading practitioner who advises in this area everyday. They combine a practical view point for those in business and in private practice who require an overview of this area of the law with the intellectual stimulus to students to explore the subject further.