Despite increasing worldwide harmonization of intellectual property, driven by US patent reform and numerous EU Directives, the common law and civil law traditions still exert powerful and divergent influences on certain features of national IP systems.
Drawing together the views and experiences of scholars and lawyers from the United States, Europe and Asia, this book examines how different characteristics embedded in national IP systems stem from differences in the fundamental legal principles of the two traditions. It questions whether these elements are destined to remain diverged, and tries to identify common ground that might facilitate a form of harmonization.
Containing the most current and up-to-date IP issues from a global perspective, this book will be a valuable resource for IP and comparative law academics, law students, policy makers, as well as lawyers and in-house counsels.
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
Contents: Preface PART I: INTRODUCTION 1. Towards a History of Patent Law Brad Sherman PART II: PATENTS 2. Ordre Public and Morality Issues in Patent Eligibility Joseph Straus 3. First-Inventor-to-File under the America Invents Act: A View of First-to-File Lawyer and a View of First-to-Invent Lawyer Toshiko Takenaka with Martin J. Adelman 4. The Inventive Step and Cooperative Harmonization Amy L. Landers 5. Equitable Doctrines in International Patent Laws Jan Krauss PART III: COPYRIGHT 6. Tradition and Change: The Past and Future of Authors' Moral Rights Mira T. Sundara Rajan 7. Japan's Copyright Law Revisions, Disruptive Innovation and User-generated Content Salil Mehra 8. The Dragon and the White Whale: Three Steps Test and Fair Use Frederic Pollaud-Dulian 9. Fair Use: A Tale of Two Cities Sang Jo Jong PART IV: TRADEMARK AND UNFAIR COMPETITION 10. Passing Off and Unfair Competition Regimes Compared Mary LaFrance 11. Trade Dress Signe H. Naeve 12. A Comparative Analysis of the Protection of Geographical Indications in the European Union and the United States under Sui Generis and Trademark Systems Gail E. Evans PART V: ENFORCEMENT AND INFRINGEMENT REMEDIES 13. Extraterritorial Enforcement Marketa Trimble 14. Injunctive Relief in Patent Cases in the US, Germany and Japan: Recent Developments and Outlook Christoph Rademacher PART VI: LEGAL ASPECTS COMMON TO ALL BRANCHES OF IP 15. What the Treatment of Covenants Not to Compete Teaches About Intellectual Property and Competition Norms Shubha Ghosh 16. Employee Invention System: Comparative Law Perspective Toshiko Takenaka and Yves Reboul 17. Exhaustion of Intellectual Property Rights in the European Union Theo Bodewig PART VII: APPENDIX 18. The Patent Laws of Old Mario Franzosi Index