Trade Marks Law And Trade Marks Disputes

A trademark is a distinctive industrial property, which is again distinct from other forms of intellectual property. The basic purpose of a trademark is to exclusively identify the commercial source or origin of products or services.

Rajrathnam V P, Attorney and IPR Consultant

The terms "mark", "brand" and "logo" are also used to refer to "trademark". When used to refer to services rather than products, a trademark may be called a service mark.
  • A trade mark may be a word, a letter a device or a numeral or any combination thereof.
  • When a word is used as a  trade mark, it should be easy to pronounce, spell and remember.
  • The ideal word for a trade mark is an invented or coined word.
  • Words which are laudatory or which directly describes the character or quality of the goods should not be adopted.
  • Geographical names connected with the reputation or quality of the goods for which registration is sought should not be adopted.
  • The TM symbol or SM may be used when trademark rights are claimed in relation to a mark.
  • The ® symbol is used to indicate that the mark has been so registered.

Case Law

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Books On Trademark Law

Intellectual Property Rights

Copyright law

Trademark Dilution

Trademark Infringement

Patent law

Patents and Copyrights will eventually enter the public domain but trademarks may not.

A short history of IP and Trade Mark

The Intellectual Property Rights embodied in various Indian Acts are based almost entirely on the English and American Law with very little modifications. The development of trade mark law bagan in the United Kingdom. The Statute of Anne, was passed in England in 1710. It formed the basis for modern copyright laws. The Statute of Anne was used as a model for national laws in Denmark (1741), the United States (1790), and France (1793).

In 1617, Southern v. How, a prior case was summarised where a clothier had gained great reputation. He started putting his mark on clothes made by him. Another clothier used the same mark to deceive, resulting in a remedy from the courts.

The first Trade Mark Act was enacted in 1875. It codified the formulations courts had made in relation to property in trade mark. It recognised the principle of a right developing in a trade mark with usage. The Act provided for a register of trade marks. A trader using a mark could get it registered. Registration could be secured only on proof of user and fulfilment of criterion whether the trade mark distinguished the goods of the trader or not. Once a registration was secured, it became a proof of ownership in all court action for trade mark infringement, reducing the burden on the judicial system and the associated costs of litigation.

The first British trade mark Act of 1875 was repealed and substituted by the Patents, Designs and Trade Marks Act, 1883. This Act was substituted by the Trade Marks Act, 1905. The next re-enactment was the Trade Marks Act, 1938.

While the law on registration of trade marks and protection against infringement developed through statutory enactments, non-registered trade marks and appropriation of goodwill could sought remedy under the common law of passing off.

The first Indian Act on the subject as the Trade mark Act of 1940 was borrowed the British Trade Marks Act of 1938. The law provided for registration of trade marks and their protection from infringement. The Indian courts had already started giving remedy under common law of passing off.

Independent India brought in Trade and Merchandise Marks Act, 1958. The Act was in operation till September, 2003. The operative law now is the Trade mark Act, 1999.

Trade mark protection in cases of unconnected goods:
The Trade Marks Act, 1999 recognises trade mark infringement, if it can be established that the infringed trade mark
has a reputation in India, even where a passing off action may not succeed. It was in the 1990s that the United States
enacted a law against trademark dilution. Even though the concept of dilution was being discussed in academic circles
in early 20th century, it was only later that the states began adopting such laws. The concept of dilution has a wider
reach than passing off.
If someone manufactures and sells 'Toyota Wheelchair', there would be no case of passing off, as no one is likely to
imagine that the Toyota company would manufacture wheelchair. But the use of Toyota in relation to wheelchair will certainly
hurt the reputation of Toyota ‘diluting’ the worth of Toyota trade mark and thus it would be unethical.


Paris Convention is the most basic and important multilateral convention relating to intellectual property, including trademarks, of which India is a member. It defined the meaning and scope of industrial property rights protection and established basic principles and rules.

In India priority in adoption prevails over priority in registration. The registration cannot take away a prior consistent user of trademark in India. In many other jurisdictions the first party to register a trademark is considered the party to own the mark, regardless of prior use of the mark.

Trademark law classifies marks into four categories, based on how distinctive they are. “Generic” marks get no trademark protection, and the same is true of “descriptive” marks unless they have acquired a “secondary meaning.” “Fanciful” or “arbitrary” marks get the most protection, and “suggestive” marks are second in priority. - McCarthy on Trademarks and Unfair Competition §§ 11.1, 11.2 (4th ed. 1996); Playtex Products v. Georgia Pacific, 390 F.3d 158, 163 (2d Cir. 2004).

The basic principle of trademark law is to fulfill the public policy objective of consumer protection, by preventing the public from being misled regarding the facts of origin or quality of a product or service. By identifying the commercial source of products and services, trademarks facilitate identification of products and services which meet the trust and expectations of consumers as to quality and other characteristics.

Trademarks may also serve as an incentive and encouragement to manufacturers, providers or suppliers to consistently provide quality products or services enabling them to maintain their business reputation. If a trademark owner does not maintain quality control and adequate supervision in relation to the manufacture and provision of products or services supplied by a licensee, there will be an adverse impact on the owner’s rights in the trademark.

A registered trademark confers the right to exclusive use of the mark in relation to the products or services for which it is registered. The law in most jurisdictions also allows the owner of a registered trademark to prevent unauthorised use of the mark in relation to products or services which are similar to the "registered" products or services, and  may also in certain cases, prevent use in relation to entirely dissimilar products or services.

A regisrered trademark owner will be in a better position to demonstrate its trademark rights and also be in a better position to enforce these rights through an trademark infringement action.

Unauthorised use of a registered trade mark need not be intentional in order for infringement to occur, although damages in an infringement lawsuit will generally be greater if there was an intention to deceive.

A trademark which is popularly used to describe a product or service (rather than to distinguish the product or services from those of third parties) is known as a genericized trademark. If such a mark becomes synonymous with that product or service to the extent that the trademark owner can no longer enforce its proprietary rights, the mark has become generic.

Proprietary rights in relation to a trademark may be established through actual use in the marketplace, or through registration of the mark with the trade marks office (or "trademarks registry") of a particular jurisdiction.

Some jurisdictions generally do not recognise trademarks rights arising through use (e.g. China). If trademark owners do not hold registrations for their marks in such jurisdictions, the extent to which they will be able to enforce their rights through trademark infringement proceedings will therefore be limited.

Some jurisdictions, particularly Common Law countries, offer protection for the business reputation or goodwill which attaches to unregistered trade marks through the tort of "passing off." Passing off may provide a remedy in instances where a business has been trading under an unregistered trade mark for a long time, and a rival business starts using the same or a similar mark.

Trademarks are generally territorial. Trademark rights that are established in a particular jurisdiction are generally only enforceable in that jurisdiction. Though there are international trademark laws and systems which facilitate the protection of trademarks in more than one jurisdiction

Books On Trademark Law:

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Trade Marks: Law and Practice (Paperback) 2nd edition (December 31, 2005)
by Alison Firth, Gary Lea, Peter Cornford

Trademark Law (Paperback) 3rd edition (March 28, 2006) by Robert C. Lind

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Trade Mark Use (Hardcover) (June 16, 2005)
by Jeremy Phillips, Ilanah Simon
"Use" is a concept which is fundamental to modern trade mark law, within the European Union, the US and elsewhere. The use concept is ubiquitous, since it must be understood even before basic issues of registrability, infringement and validity can be resolved. Does use bear the same meaning
in each of these, and other, areas? Written by a team of leading practitioners and academics, this book seeks to address this issue from both a practical and a theoretical perspective.

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Trade Mark Law : A Practical Anatomy (Paperback) (February 26, 2004)
by Jeremy Phillips
This practical, thorough, and detailed account of the key issues facing trade mark use is written by one of the leading authorities on the subject. Drawing on British, European, and US law, plus other sources, the author considers both the problems that trade mark law causes in business and
commerce and how to solve them. Written in a fluent and approachable style, the work contains useful flow charts, examples, and vignettes to capture the essence of trade mark law as it operates in practice.

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The Historical Foundations of the Law Relating to Trade-Marks (Columbia Legal Studies, 1) (Hardcover)
by Munroe Smith (Foreword), Frank I. Schechter
Schechter, Frank I. The Historical Foundations of the Law Relating to Trade-Marks. New York: Columbia University Press, 1925. xxviii, 211 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-41673. ISBN-13: 978-1-58477-035-0. ISBN-10: 1-58477-035-X. Cloth. New. $65. * What is the exact nature of the nature of the right to a trademark? What is the basis of relief in trademark cases of unfair competition? Schechter unravels these problems as he traces the development of the law of trademarks from medieval times to the early twentieth century. Includes table of cases and statutes, bibliography. Considered to be "...invaluable for starting scholarly research." Marke, A Catalogue of the Law Collection of New York University (1953) 869.

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Trademark: Legal Care for Your Business & Product Name (Paperback)
by Stephen Elias
Names, logos, and other unique corporate identifying marks are the true calling cards of any business, and the third edition of Trademark: Legal Care for Your Business & Product Name, by attorneys Kate McGrath and Stephen Elias, explains in an easy-to-understand fashion how to choose these vital assets properly and then protect them diligently. Revised to reflect changes that have come about because of the advent of cyberspace, it offers clear instructions on initial selections, searches to ensure availability, state and federal registration procedures, correct use, and adjudication of any disputes that result.
Library Journal: Excellent step-by-step instructions for registering a mark, written in plain English with clear examples.

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Trademark Counterfeiting, Product Piracy, and the Billion Dollar Threat to the U.S. Economy  
by Paul R. Paradise
From Library Journal
In today's high-tech world, pirates no longer roam the seas in search of bounty. Instead, they work all over the world, misusing official trademarks, peddling inexpensive "knock-offs" of well-known brands, and selling inferior counterfeit products (all of which resulted, in 1995, in an estimated $200 billion loss to the U.S. economy). Paradise, a freelance electronics, law, and entertainment journalist, here collects articles (many previously published) on global piracy. In one, he delivers a fascinating first-hand account of the U.S.-China trade dispute and the negotiations that prevented a U.S. trade embargo against China; in another, he focuses on a private investigator working to counter the counterfeiters. A chapter on the impact of cyberspace nicely updates this otherwise disjointed assortment of stand-alone pieces. As geopolitical barriers to trade are increasingly dismantled, this book will continue to be a useful reference for law or business collections.ADale F. Farris, Groves, TX
Copyright 1999 Reed Business Information, Inc.
“As geopolitical barriers to trade are increasingly dismantled, this book will continue to be a useful reference for law or business collections.”–Library Journal
“Paradise's knack for organization and precision in research served him well for his new book a comprehensive collection of counterfeiting history, impact and methods as well as a wealth of anecdotal information.”–Current
“In short, while this book provides a starting point for those seeking extensive analysis of intellectual property issues, it also would be a valuable resource for practitioner who want to insure that they will not miss relevant issues that may be outside the scope of their primary expertise.”–The Trademark Reporter
“This work is an important resource.”–Entertainment and Sports Lawyer
“A must read by any student of, or investigator concerned with the theft of intellectual property rights.”–Focus International

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Trademark & Copyright Disputes: Litigation Forms and Analysis : by Gregory J. Batters, Charles W. Grimes

Trademark Dilution: Federal, State, and International Law (June 2002) by David S. Welkowitz
Stay up-to-date and expertly informed in this unpredictable area of the law.
Trademark Dilution: Federal, State, and International Law describes and analyzes the full range of dilution law—which received its first treatment by the U.S. Supreme Court in 2004—including the Federal Trademark Dilution Act (FTDA), state antidilution laws, and international law. The author’s discussion of the case law under FTDA, analyzing the federal courts’ narrow interpretation of the statute, helps you effectively counsel clients and litigate cases. This landmark treatise also examines the various relevant state laws in detail; describes the many differences between them; and discusses the case law analyzing state statutes, much of which developed before the FTDA was enacted.
Trademark Dilution: Federal, State, and International Law covers such important areas as:
--dilution on the Internet and interaction with the Anticybersquatting Consumer Protection Act (ACPA) --relationship between trade dress and dilution --comparison of state antidilution laws, including those patterned after the Federal Trademark Dilution Act (FTDA) and those that differ significantly from the federal statute --actual versus likelihood of dilution --extensive discussion of what constitutes a "famous" mark --international agreements that include trademark dilution protection --and much more.

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Trademark Law: A Practitioner's Guide (Practising Law Institute intellectual property law library)
by Siegrun D. Kane
Jeffrey M. Samuels, Esq., Former Assistant Commissioner for Trademarks, PTO
"A reference tool that all trademark attorneys, both those who prosecute and those who litigate, should have close at hand."
David Gould, Corporate Trademark Counsel, E.I. DuPont de Nemours and Company
"An outstanding reference that is clear, concise, and easy to use."
This all-new Fourth Edition of the benchmark one-volume guide to trademark law is marked by extensive new coverage, including vital analysis of:
- New trade dress case law interpreting the doctrine of utilitarian functionality in the wake of the Supreme Courts TrafFix decision.
- New issues before the Supreme Court regarding dilution protection under the Federal Trademark Dilution Act New Internet cases on jurisdiction and the effect of UDRP arbitration decisions on federal litigation.
- New case law under the recently revised Federal Rules of Evidence.
- Plus updated material on gray market goods and attorney/client and work product privileges, new tips on reaching settlement agreements, and the latest changes to the T.M.E.P.
Filled with dozens of forms, documents, checklists, and color exhibits, Trademark Law provides you with all the field-tested, step-by-step guidance you need to select, search, use, reinforce, renew, defend, and expand trademarks. Comprehensive enough to serve new and experienced practitioners on both sides of trademark disputes, Trademark Law gives you systematic counsel on how to:
- Pick highly protectable marks at the outset to minimize problems.
- Conduct thorough mark searches that prevent later conflicts.
- Establish the priority of marks through continued use. Maintain marks by filing the right affidavits at the right time.
- Expand marks while avoiding territorial conflicts. Successfully appeal rejected trademark applications. Gain the competitive edge at trial if clashes must be litigated.
Enhanced by a companion CD-ROM that allows you to navigate and implement the books how-to information faster than ever, Trademark Law gives you the protective tools to prove secondary meaning, likelihood of confusion, counterfeiting, dilution, deceptive trade practices, unfair competition, and misappropriation. Trademark Law also offers you equally sound advice on how to defend second comers, by alerting you to ways of discrediting plaintiffs survey evidence and to affirmative defenses to plaintiffs trademark actions.
Siegrun D. Kane, a partner in the New York City law firm of Morgan & Finnegan, L.L.P., received her B.A. (cum laude) from Mount Holyoke College and her J.D. from Harvard University. She has specialized in trademark, copyright, and unfair competition law for over thirty years and is a frequent lecturer for the Practising Law Institute, the American Bar Associate, and other continuing legal education organizations. Mrs. Kane is a designated member of the INTA Panel of Neutrals and serves on various advisory boards, including the Trademark Advisory Committee to the U.S. Patent and Trademark and Copyright Journal, and the McCarthy Center for Intellectual Property and Technology Law at the University of San Francisco.

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Likelihood of Confusion in Trademark Law (Hardcover) Practising Law Institute (January 1, 2005) by Richard L. Kirkpatrick
Martha Sarra, Trademark Counsel, The Kroger Co.
"[Kirkpatrick] gets to the heart of likelihood of confusion and explains what every trademark lawyer needs to know."
Get a solid, hands-on grasp of all the essential factors used by the courts to determine if likelihood of confusion exists in trademark disputes, including full step-by-step coverage of the dominant multiple-factor test.
Likelihood of Confusion in Trademark Law enables you to conduct effective trademark searches and avoid disputes -- establish the strength of a mark -- prove actual confusion -- add features to make marks truly distinctive -- prove rightful intent for junior users -- and more - all with the aid of checklists and hundreds of defining examples.

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The Entrepreneur's Guide to Patents, Copyrights, Trademarks, Trade Secrets & Licensing (August 3, 2004)
by Jill Gilbert
Clear, comprehensive advice from an intellectual property lawyer--for every artist, inventor, and small business owner.
Today, virtually all companies, artists, and innovators run the risk of losing their competititve edge-and big money-by not adequately safeguarding their intellectual property. Written by an expert in intellectual property law, this is the first book to address the full range of legal protections available-patents, copyrights, trademarks, trade secrets, and licensing-with innovative information you won't find elsewhere, including:
€ Legal landmines every successful entrepreneur must avoid
€ Business practices that can be protected-but are often overlooked
€ Protecting your intellectual property on the Internet
€ What are your ideas and the rights to them really worth?
€ Why trade secrets are a powerful and under-utilized protection
€ Lessons learned from Amazon.com, Microsoft, and other elite entrepreneurs
€ How even smart, savvy AOL lost exclusive trademarks, including "YOU'VE GOT MAIL!"
The Entrepreneur's Guide to Patents, Copyrights, Trademarks, Trade Secrets and Licensing is the definitive guide for the entrepreneur and innovator who is ready to protect what he or she has created-a
Jill Gilbert is an intellectual property attorney currently pursuing a Masters Degree in Computer Science and admitted to practice before theUnited States Patent and Trademark Office. She also holds a Masters Degree in Accountancy and a Master of Law (Llm) degree in taxation. She has authored seven books including such titles as PcAnywhere for Dummies, The Quickbooks Bible, and Teach Yourself TurboTax in 24 Hours, and is the coauthor of Online Investing Bible.

Don't be too descriptive with trademarks.(Law of the Line): An article from: Hawaii Business [HTML] (Digital)
by Robert Carson Godbey
This digital document is an article from Hawaii Business, published by Hawaii Business Publishing Co. on March 1, 2005. The length of the article is 429 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.
Citation Details
Title: Don't be too descriptive with trademarks.(Law of the Line)
Author: Robert Carson Godbey
Publication: Hawaii Business (Magazine/Journal)
Date: March 1, 2005
Publisher: Hawaii Business Publishing Co.
Volume: 50 Issue: 9 Page: 65(1)
Excerpt. © Reprinted by permission. All rights reserved.
Lasting Impressions and KP Permanent Make-Up both sell special makeup that can be injected under the skin to hide injuries and--in the words of the court--to "modify nature's dispensations." Lasting Impressions registered a trademark in the terms "Micro Colors." KP produced advertising materials using the term "microcolors" to describe its products. Lasting sued for trademark infringement and KP defended, claiming a fair use of the term, which the trademark statute recognizes as a defense to allegations of infringement. The case made it all the way to the U.S. Supreme Court.

  1. Trade Mark Use
  2. Trade Mark Law : A Practical Anatomy
  3. The Historical Foundations of the Law Relating to Trade-Marks
  4. Trademark: Legal Care for Your Business & Product Name
  5. Trademark Law by Robert C. Lind
  6. Likelihood of Confusion in Trademark Law
  7. Trademark Law: A Practitioner's Guide
  8. Trade Marks Law and Practice
  9. Trademark & Copyright Disputes: Litigation Forms and Analysis
  10. Trademark Dilution: Federal, State, and International Law
  11. The Entrepreneur's Guide to Patents, Copyrights, Trademarks, Trade Secrets & Licensing
  12. Don't be too descriptive with trademarks
  13. Trademark Counterfeiting, Product Piracy, and the Billion Dollar Threat to the U.S. Economy
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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.

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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.

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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!

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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.

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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 work—and 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 today’s 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 won’t 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 Rosen’s 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. Rosen’s 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 work—and 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 today’s 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 won’t 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

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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.

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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 today—intellectual 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 ABA’s 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).

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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

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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.

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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 today’s 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."

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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.

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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.

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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.

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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.

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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.

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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)

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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.

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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.

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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!

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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.

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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).

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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.

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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.