Intellectual Property in Common Law and Civil Law

Edited by Toshiko Takenaka, Washington Research Foundation/W. Hunter Simpson Professor of Technology Law, University of Washington, School of Law and Professor of Law, Keio Law School, Of Counsel, Seed IP Law Group, US

Intellectual Property in Common Law and Civil Law presents the perspectives of common as well as civil law, on global IP Law's most pertinent issues ranging from inventive step all the way to injunctive relief. Edited by Professor Takenaka, director of the University of Washington's renowned Center for Advanced Studies and Research on IP (CASRIP), the book assembles deep but easy to read essays by some of the world s leading IP scholars. In short, IP Law's most important issues from a global perspective; by the world's leading scholars, yet in a nutshell. Excellent!'--Christoph Ann, Technische Universität München, Germany'All in all, the book represents an interesting approach to the complex topic of international and comparative intellectual property rights.'--Christopher Heath, International Review of Intellectual Property and Competition Law

• Contents:PrefacePART I: INTRODUCTION1. Towards a History of Patent LawBrad ShermanPART II: PATENTS2. Ordre Public and Morality Issues in Patent EligibilityJoseph Straus3. First-Inventor-to-File under the America Invents Act: A View of First-to-File Lawyer and a View of First-to-Invent LawyerToshiko Takenaka with Martin J. Adelman4. The Inventive Step and Cooperative HarmonizationAmy L. Landers5. Equitable Doctrines in International Patent LawsJan KraußPART III: COPYRIGHT6. Tradition and Change: The Past and Future of Authors’ Moral RightsMira T. Sundara Rajan7. Japan’s Copyright Law Revisions, Disruptive Innovation and User-generated ContentSalil Mehra8. The Dragon and the White Whale: Three Steps Test and Fair UseFrédéric Pollaud-Dulian9. Fair Use: A Tale of Two CitiesSang Jo JongPART IV: TRADEMARK AND UNFAIR COMPETITION10. Passing Off and Unfair Competition Regimes ComparedMary LaFrance11. Trade DressSigne H. Naeve12. A Comparative Analysis of the Protection of Geographical Indications in the European Union and the United States under Sui Generis and Trademark SystemsGail E. EvansPART V: ENFORCEMENT AND INFRINGEMENT REMEDIES13. Extraterritorial EnforcementMarketa Trimble14. Injunctive Relief in Patent Cases in the US, Germany and Japan: Recent Developments and OutlookChristoph RademacherPART VI: LEGAL ASPECTS COMMON TO ALL BRANCHES OF IP15. What the Treatment of Covenants Not to Compete Teaches About Intellectual Property and Competition NormsShubha Ghosh16. Employee Invention System: Comparative Law PerspectiveToshiko Takenaka and Yves Reboul17. Exhaustion of Intellectual Property Rights in the European UnionTheo BodewigPART VII: APPENDIX18. The Patent Laws of OldMario FranzosiIndex