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.

Artificial Intelligence and Patents
Artificial Intelligence and Patents

Author: Jonathan P. Osha

Publisher: Kluwer Law International B.V.

Published: 2023-09-14

Total Pages: 567

ISBN-13: 9403522232

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Artificial Intelligence (‘AI’) and the AI sub-field of Machine Learning (‘ML’) are terms that originated in the fields of computer and data science but now form part of the common vernacular. AI has now found application in virtually every field. Some applications of AI have become part of our daily lives: virtual assistants, chatbots, search engines, online language translation and eCommerce all employ AI in various forms. Generative AI such as OpenAI’s products ChatGPT (natural language generation), Jukebox (music generation) and DALL-E2 (image generation) have captured the public attention to an enormous degree and can, indeed, do amazing things. A myriad of other applications of AI are found in disparate fields that, while not as visible on a daily basis, impact on our lives in a wide variety of ways. With this rapidly-increasing impact comes not only exciting new technical capabilities but also new challenges for intellectual property (‘IP’) law. Are current laws fit for purpose or is something new or different needed? This is not a new question; one need only look back to the early days of digital music, computer software and 3-D printing to find similar discussions of whether existing IP law is suited to emerging technologies. For the most part, the answer in the past has been “yes”, with perhaps a tweak here and there. Whether the same will be true of AI is, as yet, an open question. This book focuses specifically on AI and patents. Unsurprisingly, different jurisdictions have taken different approaches to patentability of AI-related inventions. Terminology (what is an “AI-related invention”?) also is inconsistent from one patent office to the next. These factors combine to create a maze of laws and regulations that patent applicants must navigate to secure protection for their innovations. To facilitate comparison of laws and practices, this book introduces a taxonomy that separates AI-related inventions into five conceptual categories. The patent law implications of each category are then addressed in national and regional chapters reflecting the perspectives of 16 major jurisdictions. All chapters follow the same structure, thereby allowing the reader to directly compare approaches taken by different jurisdictions. Thirty-nine subject matter experts from around the world contributed to this book. This is the eighth volume in the AIPPI Law Series which has been established together with 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.

Design Rights
Design Rights

Author: Christopher V. Carani

Publisher: Kluwer Law International B.V.

Published: 2017-09-25

Total Pages: 891

ISBN-13: 9041189238

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Protection of industrial and other designs has developed as a distinct and important area of intellectual property law. This book, while providing a solid foundation on the law regarding the protection and enforcement of design rights, focuses on the ever-present, and always contentious, issue of functionality in the context of design rights. While there is considerable harmonization on the fundamental principle that design rights regard aesthetic appearance and not underlying technical function, courts and legislatures the world over have long struggled with determining whether to permit, and how to interpret the scope of, designs rights directed at products whose appearancemay, partially or completely, be the result of functional consideration. This detailed country-by-country analysis provides clarity, insight, and guidance on the legal issues and practical implications of functionality in key jurisdictions worldwide. This 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. The authors of the country chapters have been carefully selected based on their extensive experience and in-depth knowledge about design protection in their respective jurisdictions. Each chapter considers such issues and topics as the following: • availability of protection – granting authority, statutory requirements, drawing requirements, and disclaimers; • tests or approaches applied to determine whether a design right is ineligiblefor protection based on functionality grounds, including related policy considerations; • strategies employed to mount, and fend off, challenges to design rights based on functionality; • determination of a design right’s scope of protection, including the impact of any visual elements of the overall design having appearances that are non-novel and/or functional; • tests or approaches applied to determine whether a visual element of a design right is excluded from the overall scope of protection based on functionality grounds, including related policy considerations; • examples of how visual elements of a design right whose appearance is driven by function are treated in infringement and validity contexts. Each chapter includes case law examples, hypothetical fact patterns, and graphic images of designs to bring issues to life. An introductory chapter covers the basic tenets of design rights, terminology, and discussion of design rights in relation to other areas of intellectual property. As a comparative law study and a collection of contributions from around the world on an important and controversial field, this book proves to be of tremendous practical interest for the industry involved and for the public. Applicants for design protection, parties involved in or contemplating enforcement proceedings, and interested legal practitioners will benefit greatly from its thorough comparative analysis and guidance. It is also exceptionally valuable as a matchless and thorough resource for academics and researchers interested in the international harmonization of intellectual property law.

Genuine Use of Trademarks
Genuine Use of Trademarks

Author: Eléonore Gaspar

Publisher: Kluwer Law International B.V.

Published: 2021-08-18

Total Pages: 567

ISBN-13: 9403528354

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This book addresses the issue of trademark use that may be required for the protection and/or maintenance of trademark rights. Since the first edition of this book in 2018, there have been significant modifications in some countries, particularly, following the implementation of EU Directive 2015/2436 in the EU countries. Laws around the world do not attach the same consequence to the lack of use of a trademark, and courts do not always assess in the same way whether a trademark is genuinely used. This is a fundamental issue for trademark owners since, depending on the jurisdiction, lack of genuine use can lead to the refusal of trademark registration, the revocation of trademark rights, or prevent the owner of a non-used trademark from initiating an action based on its trademark. This detailed analysis provides clarity, insight, and guidance on the legal issues and practical implications of genuine use of trademarks in twenty-six jurisdictions worldwide. This 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. This topic was the subject of an AIPPI study, and its subsequent Resolution – The Requirements of Genuine Use of Trademarks for Maintaining Protection (2011, Hyderabad) – which aims to harmonize this issue of genuine use of trademarks. The authors of the chapters for each jurisdiction were carefully selected based on their extensive experience and in-depth knowledge of trademark protection in their respective jurisdictions. Each chapter considers issues and topics such as the following: types of use that qualify as genuine use of a trademark, including requirements as to whether uses are consistent with the function of the trademark or made in the course of trade; requirements as to the volume, duration, and frequency of use; impact of the trademark’s designation of goods and services; issues relating to the sign used, particularly, if it is used in a different form from the registered trademark (this includes consideration of alteration of the distinctive character, or the potential impact of a plurality of registered trademarks for different signs, or the question of use in black and white or in colour); proof to be provided to evidence genuine use as a trademark, including issues of timing and territory; situations in which the issue of genuine use can be of importance; valid reasons for non-use; consequences of lack of use depending on the context, including possible revocation of trademark rights; and case law examples. As a comparative law study and a collection of contributions from around the world on a key issue of trademark law, this book is of tremendous practical interest. Trademark owners, parties involved in or contemplating enforcement proceedings, and interested legal practitioners will benefit greatly from its thorough comparative analysis and guidance. It is also exceptionally valuable as a comprehensive resource for academics and researchers interested in the international harmonization of trademark law.

Plants, People and Practices
Plants, People and Practices

Author: Jay Sanderson

Publisher: Cambridge University Press

Published: 2017-05-18

Total Pages: 357

ISBN-13: 1107126495

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Article 14 Protection Independent of Measures Regulating Production, Certification and Marketing

Pharmaceutical Test Data Exclusivity
Pharmaceutical Test Data Exclusivity

Author: John C. Todaro

Publisher: Kluwer Law International B.V.

Published: 2022-08-12

Total Pages: 250

ISBN-13: 9403501367

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Data exclusivity gives pharmaceutical companies a limited period of time in which clinical test data are exclusive to the innovator. Internationally, however, aside from prohibition against unfair commercial use, there are no specifics as to how these data are protected; exclusivity is available on a jurisdiction-by-jurisdiction basis. This book, the only one of its kind, provides expert guidance, chapter by chapter, on test data exclusivity rights for pharmaceutical products in twenty-two major markets worldwide. For each jurisdiction, in addition to explaining the available regulatory data protection – including both substantive and formal requirements for approvals and testing, protection of undisclosed data, confidentiality, and enforcement in practice – local experts provide detailed information and guidance on the degree to which test data exclusivity may be achieved in such areas of pharmaceutical research as the following: infectious disease products; paediatrics products; chemical and biological products; agricultural products; animal health products; orphan drugs; and new chemical entities. This book originated from a project conducted by the Pharma Committee of the International Association for the Protection of Intellectual Property (AIPPI), the world’s leading non-profit association dedicated to the development, expansion, and improvement of international and regional treaties and agreements and national laws relating to intellectual property. Many committee members and observers are authors of chapters in this book. An unmatched starting point for innovator pharmaceutical companies and their advisers to evaluate data exclusivity rules and opportunities around the world, this book will be an invaluable resource for IP professionals, governments, non-governmental organizations, and international organizations to promote and share IP laws and practices.