Intellectual Property - Patents and Trademarks: Types of Intellectual Property

This Nutshell provides a succinct description of the fundamentals of U.S. patent law. Ranging from the acquisition of patent rights to their enforcement, it contains an overview of relevant statutes, rules, and cases that collectively define this area of intellectual property law. Topics include claim construction, obviousness, anticipation, written description and enablement, infringement, remedies, and other notable doctrines. Patent law has evolved quickly in the past few years. This Nutshell captures those changes and relates them well to the overall fabric of intellectual property law. This reference is suitable for use by those with a beginner s knowledge of patent law, but it has sufficient depth to be instructive for every practitioner in this exciting and dynamic field.

Organized for ease of use, the book's practice-focused information includes: .A quick reference for PTAB statutes and rules .Building patent trials into your litigation strategy .A detailed description of a PTAB trial from petition preparation to appeals to the Court of Appeals for the Federal Circuit .Clear references to supporting laws, rules, and regulations Perhaps the most useful feature is a chapter on "Practical Tools" that compiles, in one place, all of the statutes, rules, and PTAB guidance covering PTAB trials, organized by topic. A busy practitioner can look up a topic, such as discovery, claim construction, or joinder, and have all of the collected guidance in one place. Practical Tools are organized using a simple, standard framework including CFR citations; PTO comments during rulemaking; PTAB orders and decisions; references to the PTAB trial practice guide; and informal guidance such as PTAB training presentations."

Over the course of several decades, copyright protection has been expanded and extended through legislative changes occasioned by national and international developments. The content and technology industries affected by copyright and its exceptions, and in some cases balancing the two, have become increasingly important as sources of economic growth, relatively high-paying jobs, and exports. Since the expansion of digital technology in the mid-1990s, they have undergone a technological revolution that has disrupted long-established modes of creating, distributing, and using works ranging from literature and news to film and music to scientific publications and computer software. In the United States and internationally, these disruptive changes have given rise to a strident debate over copyright's proper scope and terms and means of its enforcement--a debate between those who believe the digital revolution is progressively undermining the copyright protection essential to encourage the funding, creation, and distribution of new works and those who believe that enhancements to copyright are inhibiting technological innovation and free expression. Copyright in the Digital Era: Building Evidence for Policy examines a range of questions regarding copyright policy by using a variety of methods, such as case studies, international and sectoral comparisons, and experiments and surveys. This report is especially critical in light of digital age developments that may, for example, change the incentive calculus for various actors in the copyright system, impact the costs of voluntary copyright transactions, pose new enforcement challenges, and change the optimal balance between copyright protection and exceptions.

In the past few years, the whole concept of publishing has undergone an enormous transformation. Publishers are no longer limited to paper and ink. Electronic publications can now incorporate text, images, sound, video, and interactive games and simulations. And publishing has become a more democratic activity -- with the explosive growth of both the Internet and CD-ROM technology, more and more people are publishing their own titles. There has been a huge growth in the CD-ROM installed base and the market for CD-ROM titles. There are tens of millions of CD-ROM drives installed, and the coming Digital Video Disc (DVD) format will bring many more. CD-ROMs have enormous capacity, and they are compact, durable, and inexpensive to manufacture, store, and ship. We''re now seeing everything from games to educational products to reference and technical documents being delivered on CD-ROM. This book looks at the many kinds of electronic publications being produced today. Although it focuses on CD-ROM, the discussion is also relevant to publishing on the World Wide Web. Electronic Publishing on CD-ROM describes examples and alternatives for the design, authoring, manufacturing, marketing, and distribution of CD-ROMs. It covers electronic document authoring systems (e.g., Adobe''s Acrobat, Macromedia''s Director, Apple''s HyperTalk, and more). It discusses traditional and emerging document standards and formats (e.g., SGML, HTML, and Java), as well as physical disc standards (e.g., ISO 9660, HFS). It also provides detailed information on the costs of CD-ROM publishing projects -- staff, manufacturing, and phases of development. In addition, it includes an extensive list of resources and a helpful glossary and bibliography. Provided with this book is a a CD-ROM full of resources, including the text of portions of the book, in both Acrobat PDF and HTML form; freely available software for document authoring and browsing; demos of CD-ROM titles of various kinds; frequently asked question (FAQ) listings about CD-ROM publishing, data compression, different types of file formats (image, audio, and font formats), JPEG, MPEG, and Java; and much more. This book is divided into four parts: Part I, Overview of Electronic Publishing, contains the following: Chapter 1, Electronic Publications, describes what electronic publications are and why they have become so popular. It discusses the special qualities of electronic documents, touches on a number of emerging technologies, and looks briefly at intellectual property issues for electronic publishing. Chapter 2, CD-ROM and Online Publishing, examines the pros and cons of publishing on CD-ROM and on the Internet. It also looks at hybrid products that take advantage of both publishing models. Chapter 3, Two Electronic Titles, profiles two very different kinds of CD-ROM titles. Isaac Asimov''s The Ultimate Robot, is a professionally produced, mass market "edutainment" product, which blends education and entertainment. The electronic version of the Association of Computing Machinery''s (ACM''s) SIGGRAPH group''s conference proceedings is a volunteer-produced technical title. Part II, CD-ROM Development, contains the following: Chapter 4, Developing a CD-ROM, provides an overview of the CD-ROM development process, from initial product planning through final production of the CD-ROM image. It discusses the staffing that is required for most development projects, and provides cost estimates for several different types of projects. Chapter 5, Designing Electronic Documents, discusses a variety of design issues for CD-ROMs, in areas of overall title navigation, graphics, user interface, sound, digital video, and software. Chapter 6, Authoring Systems, examines what makes a good authoring system for electronic documents and looks at a number of examples of systems being used today, including Director, HyperCard, Acrobat, GainMomentum, Media Tool, and HTML. Chapter 7, Electronic Document Standards, summarizes a variety of standards for electronic documents, in areas of text (e.g., SGML, HTML), page description (e.g., PostScript, PDF), network (e.g., Java, VRML), image (e.g., formats such as BMP and TGA, and compression methods such as RLE and JPEG), digital video (e.g., QuickTime, MPEG), and sound (e.g., MIDI). Chapter 8, CD-ROM Disc Standards, describes the various CD-ROM standards, focusing on the ISO 9660 and HFS specifications. Part III, CD-ROM Manufacturing, Marketing, and Distribution, contains the following: Chapter 9, Manufacturing CD-ROMs, describes the process of manufacturing CD-ROMs, including production timelines, preparing data for manufacturing, and all of the production steps. Chapter 10, CD-ROM Publishing Costs, provides concrete examples of CD-ROM publishing projects and the costs of developing, licensing, producing, testing, printing, mastering, manufacturing, shipping, and marketing. Chapter 11, CD-ROM Marketing and Distribution, provides an overview of approaches t

This book is the first study to examine the issue of the legality of parallel imports of trademarked goods under the most important legal systems on an international level, namely under GATT/WTO law, EU law and the laws of the ten major trading partners of the European Union. Part I consists of a general approach to the phenomenon of parallel importation and of a presentation of the theories that have been suggested to resolve the above-mentioned issue. The rule of exhaustion of rights, of which there are three types (rule of national, regional and international exhaustion of rights), is proposed as the most effective instrument to deal with the issue in question. Part II examines the question of exhaustion of trademark rights in light of the provisions of GATT/WTO Law. Part III analyzes the elements of the EU provisions on exhaustion of trademark rights (Articles 7 of Directive 2008/95/EC and 13 of Regulation (EC) 207/2009) and some specific issues relating to the application of these provisions. Part IV presents the regimes of exhaustion of trademark rights recognized in the European Union's current ten most significant trading partners. The book is the first legal study to welcome, in light of economic analysis, the approach adopted by GATT/WTO law and EU law to the question of the geographical scope of the exhaustion of the trademark rights rule. It includes all the case law developed on an international level on the issue of the legality of parallel imports of trademarked goods and a comprehensive overview of the scientific literature concerning the phenomenon of parallel imports in general and the legality of parallel imports of trademarked goods. All the views expressed in the book are based on the European Court of Justice's most recent case law and that of the courts of the most important trading partners of the European Union.

Developments in trade marks law have called into question a variety of basic features, as well as bolder extensions, of legal protection. Other disciplines can help us think about fundamental issues such as: what is a trade mark? What does it do? What should be the scope of its protection? This volume assembles essays examining trade marks and brands from a multiplicity of fields: from business history, marketing, linguistics, legal history, philosophy, sociology and geography. Each chapter pairs lawyers' and non-lawyers' perspectives, so that each commentator addresses and critiques his or her counterpart's analysis. The perspectives of non-legal fields are intended to enrich legal academics' and practitioners' reflections about trade marks, and to expose lawyers, judges and policy-makers to ideas, concepts and methods that could prove to be of particular importance in the development of positive law.

A cornerstone strategy for success in the marketsTrade Secrets is a uniquely in-depth and advanced trading guide, teaching a complete and winning trading method from start to finish. Packed with exclusive content, it reveals one of master trader Adrian Manz's best trading strategies. The patterns in this book spell opportunity: when applied correctly, the system can be the cornerstone of a profitable trading business.The trade secret at the heart of the book is the expansion-of-range-and-volume set-up. For the first time ever it is explored in full and intricate detail: revealing how and why it works, and demonstrating its utility for day, swing, and position traders.This strategy is portable. It is applicable to multiple time compressions. It is consistently profitable. It is, in other words, not merely a good strategy - but a great one. No one looking to make a living in the markets can afford to be without this handbook to identifying the opportunities it presents and executing them flawlessly.

This book focuses on several large jurisdictions in which trade secret cases are heavily litigated to illustrate the concepts, but the analysis also includes other jurisdictions to demonstrate the differing approaches to the treatment of trade secrets. The book also draws on current, real-life examples of trade secret nightmares and the litigation experience of its primary authors to provide practical advice to the business owner, small legal department or firm, and solo practitioner.

The value of a business is more than ever a reflection of the value of the company's ideas, which makes trade secrets an increasingly important part of this equation. Trade Secrets: Law and Practice is the first legal treatise to cover the subject from a trial lawyer's perspective, and it should be on the desk of every firm litigator and in-house counsel involved in the protection of trade secrets. Written by two highly experienced trial lawyers, David Quinto and Stuart Singer, TradeSecrets: Law and Practice assembles case law analysis and strategic advice on prosecuting and defending trade secret misappropriation actions, maintaining legally sufficient trade secret protection measures, and supervising outside attorneys in the course of litigation. This Second Edition contains a new overview of litigation burdens, presumptions and inferences; a comprehensive analysis of the applicability of the Computer Fraud and Abuse Act (CFAA) to trade secret misappropriation claims; the latest developments in the evolving approaches to the Uniform Trade Secrets Act (UTSA) preemption of common law and state statutory claims; and an expanded state-by-state analysis of trade secret litigation. This book is an invaluable resource for both firm-based litigators and in-house attorneys. It sets a new standard for the insightful analysis of U.S. trade secret law and practice.