Intellectual Property Strategy

Intellectual Property Strategy

Author: John Palfrey

Publisher: MIT Press

Published: 2011-10-07

Total Pages: 260

ISBN-13: 026229799X

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How a flexible and creative approach to intellectual property can help an organization accomplish goals ranging from building market share to expanding an industry. Most managers leave intellectual property issues to the legal department, unaware that an organization's intellectual property can help accomplish a range of management goals, from accessing new markets to improving existing products to generating new revenue streams. In this book, intellectual property expert and Harvard Law School professor John Palfrey offers a short briefing on intellectual property strategy for corporate managers and nonprofit administrators. Palfrey argues for strategies that go beyond the traditional highly restrictive “sword and shield” approach, suggesting that flexibility and creativity are essential to a profitable long-term intellectual property strategy—especially in an era of changing attitudes about media. Intellectual property, writes Palfrey, should be considered a key strategic asset class. Almost every organization has an intellectual property portfolio of some value and therefore the need for an intellectual property strategy. A brand, for example, is an important form of intellectual property, as is any information managed and produced by an organization. Palfrey identifies the essential areas of intellectual property—patent, copyright, trademark, and trade secret—and describes strategic approaches to each in a variety of organizational contexts, based on four basic steps. The most innovative organizations employ multiple intellectual property approaches, depending on the situation, asking hard, context-specific questions. By doing so, they achieve both short- and long-term benefits while positioning themselves for success in the global information economy.


Intellectual Property

Intellectual Property

Author: Arthur Raphael Miller

Publisher: West Academic Publishing

Published: 2000

Total Pages: 516

ISBN-13:

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Patents; The Foundations of Patent Protection; The Subject Matter of Patents; Patentability -- Novelty and Statutory Bar; Patentability -- Utility; Patentability -- Non-Obviousness; Double-Parenting; Parenting Process; Infringement; Remedies; Patent Law and the Intersection of State and Federal Regulation; Trademarks; Foundations of Trademark Protection; Distinctiveness; Dilution and the Expansion of Trademark Doctrine; Loss of Trademark Protection and Partial Protection; Trademark Practice; Subject Matter; Infringement; Remedies; Copyright; Foundations of Copyright Protection; Subject Matter of Copyright; Exclusive Rights; Infringement; Fair Use; Ownership; Formal Requirements; Remedies; Copyright Laws and the Intersection of State and Federal Regulation.


Overlapping Intellectual Property Rights

Overlapping Intellectual Property Rights

Author: Neil Wilkof

Publisher: OUP Oxford

Published: 2012-08-30

Total Pages: 2706

ISBN-13: 0191642894

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Providing a comprehensive and systematic commentary on the nature of overlapping Intellectual Property rights and their place in practice, this book is a major contribution to the way that IP is understood. IP rights are mostly studied in isolation, yet in practice each of the legal categories created to protect IP rights will usually only provide partial legal coverage of the broader context in which such rights are actually created, used, and enforced. Consequently, often multiple IP rights may overlap, in whole or in part, with respect to the same underlying subject matter. Some patterns, for instance, in addition to being protected from copying under the design rights regime, may also be distinctive enough to warrant trade mark protection. Each chapter addresses a discrete pair of IP rights and is written by a specialist in that area. Facilitating an understanding of how and when those rights may be encountered in practice, each chapter is introduced by a hypothetical situation setting out the overlap discussed in the chapter. The conceptual and practical issues arising from this situation are then discussed, providing practitioners with a full understanding of the overlap. Also included is a valuable summary table setting out the legal position for each set of overlapping rights in jurisdictions across Europe, Central and South America, and Asia, and the differences between them.


The Copyright Guide

The Copyright Guide

Author: Lee Wilson

Publisher: Simon and Schuster

Published: 2018-04-10

Total Pages: 390

ISBN-13: 1621536211

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"A definitive resource." —Midwest Book Review A Clear, Friendly Reference for Using, Protecting, and Profiting from Copyright Copyright may seem like a mystery, but it is actually quite easy to understand—as Lee Wilson demonstrates in The Copyright Guide, Fourth Edition. This resource explains everything you need to know to make copyright work for you, including how to license your copyrights, how to acquire the right to use the works of others, what copyright infringement is, how to protect your works from infringement, and how to avoid infringing on the works of others. This is a must-read for anyone who creates or uses copyright—which, due to the explosion of information technology, is just about everyone! In plain language with scores of real-life examples, this newly updated edition addresses important issues in copyright, including: How to secure copyright protection without a lawyer What constitutes copyright infringement How copyright law applies to new media When parody is really infringement How to handle copyright trolls With informative tips and easy-to-use forms, The Copyright Guide will save you legal fees, make sure you avoid infringing on the works of others, and help you protect and profit from what you create.


Guide to Intellectual Property

Guide to Intellectual Property

Author: The Economist

Publisher: The Economist

Published: 2015-07-14

Total Pages: 353

ISBN-13: 1610394623

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Intellectual Property (IP) is often a company's single most valuable asset. And yet IP is hard to value, widely misunderstood and frequently under-exploited. IP accounts for an estimated 5trn of GDP in the US alone. It covers patents, trademarks, domain names, copyrights, designs and trade secrets. Unsurprisingly, companies zealously guard their own ideas and challenge the IP of others. Damages arising from infringements have fostered a sizeable claims industry. But IP law is complex, and the business, financial and legal issues around it are difficult to navigate. Court decisions and interpretation of IP laws can be unpredictable, and can dramatically change the fortunes of businesses that rely on their IP - as demonstrated in the pharmaceutical industry's battle with generic drugs. This comprehensive guide to intellectual property will help companies, investors, and creative thinkers understand the scope and nature of IP issues, pose the right questions to their advisers and maximize the value from this crucial intangible asset.


Employees’ Intellectual Property Rights

Employees’ Intellectual Property Rights

Author: Sanna Wolk

Publisher: Kluwer Law International B.V.

Published: 2016-04-24

Total Pages: 680

ISBN-13: 9041192654

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In today’s knowledge-based global economy, most inventions are made by employed persons through their employers’ research and development activities. However, methods of establishing rights over an employee’s intellectual property assets are relatively uncertain in the absence of international solutions. Given that increasingly more businesses establish entities in different countries and more employees co-operate across borders, it becomes essential for companies to be able to establish the conditions under which ownership subsists in intellectual property created in employment relationships in various countries. This comparative law publication describes and analyses employers’ acquisition of employees’ intellectual property rights, first in general and then in depth. This second edition of the book considers thirty-four different jurisdictions worldwide. The book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. Among the issues and topics covered by the forty-nine distinguished contributors are the following: • different approaches in different law systems; • choice of law for contracts; • harmonizing international jurisdiction rules; • conditions for recognition and enforcement of foreign judgments; • employees’ rights in copyright, semiconductor chips, inventions, designs, plant varieties and utility models on a country-by-country basis; • employee remuneration right; • parties’ duty to inform; and • instances for disputes. With its wealth of information on an increasingly important subject for practitioners in every jurisdiction, this book is sure to be put to constant use by corporate lawyers and in-house counsel everywhere. It is also exceptionally valuable as a thorough resource for academics and researchers interested in the international harmonization of intellectual property law.