Principles of Intellectual Property Law

ISBN-10: 0314181326

ISBN-13: 9780314181329

Edition: N/A

Authors: Gary Myers

List price: $48.00
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Description:

This book provides a comprehensive survey of the entire field of intellectual property, including copyrights, patents, trademarks, trade secrets, unfair competition, the right of publicity, and other areas of intellectual property protection. It designed to be reader-friendly, up-to-date, and comprehensive and can be used in survey courses in intellectual property, as well as in more specialized intellectual property courses. It also can serve as a useful introduction or refresher for anyone interested in the field. The book's primary focus is on the three main fields of federal intellectual property lawcopyrights, patents, and trademarks.
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Book details

List price: $48.00
Publisher: West Academic
Publication date: 7/8/2008
Binding: Paperback
Pages: 394
Size: 6.25" wide x 9.00" long x 0.75" tall
Weight: 0.990
Language: English

Introduction
Overview
Historical Notes
Types of Intellectual Property
An Economic Perspective
The Public Domain
Copyrightable Subject Matter
Introduction
Types of Copyrightable Subject Matter
The Minimum Standard of Creativity
Uncopyrightable Material-The Idea/Expression Distinction
Uncopyrightable Material-Useful Articles
Uncopyrightable Material-Words, Short Phrases, Governmental Works
Fixation in a Tangible Medium of Expression
Copyright Ownership
Copyright Authorship & Ownership
Works Made for Hire
Copyright Notice
Copyright Registration & Deposit
Copyright Transfers & Recordation of Transfers
Copyright Duration
Copyright Renewal Terms
Termination of Transfers
Copyright Infringement
Economic Rights of Authors
The Rights of Reproduction, Distribution, Derivative Works, Public Performance, and Public Display
Moral Rights
The Digital Millennium Copyright Act (DMCA)
Preemption
Copyright Defenses
Overview
The Fair Use Defense (Section 107)
Libraries & Archives (Section 108)
The First Sale Doctrine (Section 109)
Limitations of the Rights of Public Performance and Display (Section 110)
Other Statutory Defenses (Sections 111-122)
Copyright Misuse
Internet Service Providers
Other Defenses
Copyright Remedies
Injunctions
Compensatory Damages-Actual Damages and Profits
Criminal Penalties
Trademark Validity
Trademark and Unfair Competition Law
Introduction
Generic Terms
The Spectrum of Distinctiveness
Descriptive Marks and Secondary Meaning
Surnames
Colors, Sounds, Scents, and Other Marks
Trade Dress
The Functionality Doctrine
Product Configurations
Marks Precluded From Registration
Service Marks
Certification and Collective Marks
Trademark Ownership
Common Law Trademark Use
The Intent to Use (ITU) Trademark Application
Statutory Trademark Rights-Constructive Notice & Incontestability
Trademark Infringement
The Likelihood of Confusion Standard
Infringement Analysis in Parody & Satire Cases
Dilution
Attribution & False Advertising Claims Under Section 43(a)
Trademark Defenses
Abandonment and Equitable Defenses
Generic Terms
Fair Use
Comparative Advertising
Used or Reconditioned Goods
Eleventh Amendment Immunity
Trademark Remedies
Overview
Injunctive Relief
Monetary Relief
The Right of Publicity
Scope of the Right of Publicity
First Amendment Considerations
Survival of the Right of Publicity
Patentable Subject Matter
Patent & Trade Secret Law
Overview
Patentable Subject Matter
Unpatentable Subject Matter-Laws of Nature, Natural Phenomena, Abstract Ideas, Mathematical Algorithms, Printed Matter
Utility Patents
Plant Patents & the Plant Variety Protection Act of 1970
Design Patents
Novelty Under Section 102(a)
Statutory Bars
Other Requirements of Sections 102 & 104
Nonobviousness Under Section 103
Written Description Under Section 112
Double Patenting, Terminal Disclaimers
Patent Ownership
Inventorship
Joint Inventors
Shop Rights
Assignment
Duration
Patent Infringement
Literal Infringement & the Doctrine of Equivalents
Direct Infringers & Secondary Liability
Patent Defenses
Invalidity & Non-Infringement
Fraud & Inequitable Conduct
Exhaustion/First Sale Doctrine
Express or Implied License
Patent Misuse
Other Defenses
Patent Remedies
Injunctions
Damages
Costs and Attorneys Fees
Trade Secret Law
Trade Secret Subject Matter
Reasonable Secrecy Measures
Trade Secret Infringement
Defenses & Remedies
Idea Protection & Misappropriation
Express Contract
Misappropriation
Unjust Enrichment or Quasi-Contract
Sui Generis Intellectual Property Rights
Sui Generis Rights
Laws Currently in Effect
Proposed Laws
Table of Cases
Index
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