|
Intellectual Property Management
| Companies can reap the benefits of smart
intellectual property management strategies as it competes in a global market.
Intellectual property management can help a company to gain and sustain competitive
advantage. There are many questions. There are many things we
can't control in a business but we can control IP.
How the production and exchange of technology differs from more
traditional economic goods? Do we have the tools and IP Strategies for Creating and
Leveraging our IP Portfolio.? How can we get an early warning of potential IP conflicts?
Do employer policies and IP strategy affect incentives to discover new commercially
valuable technologies? |
A lot of work has been done in the area of
Intellectual Property Rights (IPR) management. It is absolutely essential to educate
employees or partners about their rights and responsibilities regarding intellectual
property. Managing intellectual property is absolutely important for a company's growth
and development. |
| Business or even an individual can achieve
success through development and marketing that takes due account of intellectual property
rights. Success, for a large number of companies, has been driven
by the development of intellectual property. A company must invest resources in
intellectual property because the industry has become IP-intensive. Information
dissemination is rapid today calling for greater protection of ideas.
People are now aware of the importance of intellectual property management and trade
secrets protection. They no longer fear that their competitors will have access to the
information and copy it.
For example, we can carry out extensive patent searches in other countries so we don't
reinvent the wheel and waste valuable time and money developing something on which someone
else has already spent a huge sum of money and also time. We don't need to copy patents
that already exist. We can learn and improve on what is already there. Competitors'
patents also provides invaluable marketing knowledge. The market is becoming more global
and everyone is starting to compete.
IP includes intangible assets of a company. People become fixated on the tangibles and
forget to look at the larger picture. IP is one of the strong driving forces behind the
successful growth of a company.
That IP is costly is a short-term view. A company could register only in the specific
countries where it will be doing business. Registering around the world may be a complete
waste of time and money. We have to be realistic about where the future of the product
lies. |
IP
Books, Articles, Essays & Papers
Intellectual
property abuses: how should multinationals respond? - Long range
planning
Intellectual
property and development : lessons from recent economic research - by Carsten Fink and
Keith E. Maskus.
A
dilemma for developing countries in intellectual property strategy? Lessons from a
case study of software piracy and Microsoft in China - Science & public policy
International
Efforts Are Achieving Credible IP Enforcement Even Amid Chronic Abuse - Intellectual
property & technology law journal |
Yang, D . "Intellectual
property abuses: how should multinationals respond?" Long range planning
[0024-6301] 37.5 (2004). 459-475.
This article presents a decidedly pro-business approach to the problem of piracy in China.
From the start, the article takes
for granted that weak IPR is a bad thing that recalcitrant countries are loathe to
enforce. Furthermore, the article continues by
providing statistics that show that China is one of the worst infringers in the world of
intellectual property rights. An example
of this decidedly one-sided look at piracy and IP infringement appears on page 5.
Piracy is not a victimless game as so
many people think, but an unscrupulous practice requiring continuous surveillance and
resolution. Host countries,
multinationals, and consumers are all victims of piracy.
The article then, instead of suggesting that businesses should fight for stronger legal
means of IPR protection, assumes that
businesses still want to enter the Chinese market and, hence, explains ways for businesses
to combat piracy through their own
means. Ten strategies are listed including the Budweiser strategy (technical solutions),
the partnership strategy (contractual
surveillance), the Coca-Cola strategy (narrowing price gaps), the Microsoft strategy
(monitoring and private-eye), the
commercial settlement strategy, the acquiring strategy, the DuPont strategy
(reapplication), the MU strategy (communicating
with aggrieved firms), the government hand strategy, and consumer campaigns.
Although this article presents an extremely biased look at intellectual property rights
and does little to provide insight into
causes or reasons for strong or weak IPRs, it presents a very important statement
just by its existence. This important point
is that large multinational corporations have both the incentive and the means to enter
the Chinese market despite a relatively
weak IPR regime. This indicates that a weak IPR regime is not necessarily detrimental to
foreign investment and therefore a
gradual implementation of international IPR standards is feasible.
Xiaobai, S . "A
dilemma for developing countries in intellectual property strategy? Lessons from a case
study of software piracy and Microsoft in China" Science & public
policy [0302-3427] 32.3 (2005). 187-198.
This article poses two important questions; Will businesses and countries invest in the
economies of developing countries if
these developing countries do not enforce intellectual property rights on the same
standards of developed countries? And, if
the current situation of increasing the strength of intellectual property rights in
developing countries continues, will these
developing countries be able to compete in a world of IPR harmonization?
The article poses an initial answer to these questions by citing empirical studies that
suggest developing countries develop best
with weak IPR regimes and that only as these countries become more developed should they
enforce stricter regimes.
Examples of countries that have enacted stronger IPR regimes as their economies developed
are East Asian counties including
Korea, Japan, and Taiwan, and notably the United States. Yet, what the empirical evidence
lacks, according to this article, is
a timetable for deciding when a country is developed enough to implement a strong IPR
regime. To understand the situation
further, the article turns to a study of Microsoft software in China.
In this study, the article first gives an overview explaining how prevalent piracy is in
China. The article then shows that despite
this piracy, Microsoft has entered the Chinese market with great difficulties. Piracy of
Microsoft products subsequently
increased and contrary to logic, this led Microsoft to further invest in China in an
attempt to promote legal usage of Microsoft
products. This further investment was presumably because Microsoft sees China as the
largest potential market in the world.
This study then shows that, contrary to some scholars beliefs, a weak IPR regime can
lead to an increased investment in
developing countries. However, this is counterbalanced by the belief that an investment of
high-tech products does not allow
the developing country to discover its own technologies/products/ideas.
This article, although slightly redundant with other sources, is crucial to backing the
project's thesis that developing countries
and especially China are best advised to take a gradual approach to implementing strong
IPR regimes. The article also fully
supports the argument that China is best suited to a gradual increase in its IPR
protection in that the article presents a case
study showing that foreign investment in China will still occur despite its weaker IPR
protection than developed nations.
Linek, E . "International
Efforts Are Achieving Credible IP Enforcement Even Amid Chronic Abuse"
Intellectual property & technology law journal [1534-3618] 18.3 (2006). 4-7
This article is short and poses little insight into the situation of intellectual property
rights in China, yet it does provide valuable
statistics about the levels of piracy in China. The statistics present an optimistic view
of the situation by stating the increased
number of criminal prosecutions for IPR violations; however, the statistics leave out the
pessimistic view that the number of
violations are possibly rising and that could explain the increase in prosecutions.
Yet, despite the lack of in-depth analysis provided, this article hints at some of the
basic themes of more insightful works.
Examples of these are that China has historical traditions that impede its compliance with
international standards of intellectual
copyright protection and that China has too many administrative bureaucracies to
effectively enforce IPR. The article also
presents an interesting view that unfortunately has no support: an assertion that because
China has joined the WTO, its
institutions will adapt in a positive manner.
The statistics in this article include the numbers of criminal prosecutions in China for
IPR infringement and estimates of the
amount of money lost by US businesses because of piracy. Also, there is a comparison over
time of changes in these
statistics. These numbers, although vague, can be used to present a case with nearly any
goal in mind and, therefore, are
valuable in research about IPR in China.
The last important aspect of this article is that it places China in the context of the
larger developing world. It points out that
China represents the single largest market (in numbers of people) in the world, and
because it is considered to have a
developing economy, China plays a large role in determining the stance of other developing
economies. This is an important
message and illuminates the significance of understanding the IPR situation in China and,
therefore, the significance of China
taking a gradual approach to strengthening its IPRs in a broader, global sense.
Intellectual
property and development : lessons from recent economic research / edited by Carsten Fink
and Keith E. Maskus. [0821357727 (pbk.) ] Washington, DC : A copublication of
the World Bank and Oxford University Press, New
York, 2005.
This book, which is a compilation of essays, constitutes an in depth economic analysis of
how intellectual property rights effect
development within an economy. The final essay focuses on China and is entitled
Intellectual Property Rights and Economic
Development in China. The essay is well written, and the economic concepts are
simply described.
The essay discusses the growth of Chinas economy through an economic analysis of
intellectual property rights and how they
affect business and investment. The first half of the essay presents the standard economic
theory for strengthening intellectual
property rights in developing economies and reviews the benefits derived from strict
enforcement of intellectual property
rights. However, this review is balanced by a discussion of reasons why the government of
a developing economy would not
want to enact strict enforcement of IPRs.
The second half of the essay deals specifically with China. The authors, Maskus,
Dougherty, and Mertha use three sections to
prove that China is making significant progress in strengthening IPR enforcement, but the
point out that China also has a
number of problems that must be addressed before it can reach an acceptable state of IPR
protection. The first of these
sections is a discussion of interviews held with lawyers, scholars, businessmen, and
policy makers in China. The next section
evaluates statistics on trademarks and patents in China. The final section looks at
data on technology development and
inputs, along with some estimated effects on Chinese industrial productivity. The
authors conclude that
"Overall, our analysis suggests that the IPR situation for invention and innovation
is improving in China but that there are still
significant problems associated with inadequate enforcement, regional income differences,
insufficient incentives for
commercialization of the results of R&D, and relatively low levels of research
effort."
This essay is extremely helpful in determining the state of IPRs in China through the lens
of economics although it presents the
material in a way that is biased toward the assumption that all developing economies
should have strong IPRs. Therefore, this
book comprises an important opposition to the thesis of gradual improvement in China's
IPRs but provides valuable reasons
why a developing country would want a weaker IPR regime, which hence supports the
assertion for Chinas gradual
development.
 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. |
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