The software, communications and electronics markets are among the most innovative and competitive industries in the world. Robust competition means that developers and manufacturers of software, mobile phones, gaming devices, computers, digital cameras and other consumer electronics and appliances must leverage their IP rights to sustain competitive advantage. However, this can be difficult, as much innovation takes place at the intersection of patent, design and copyright law; and although much law is harmonised, there are still significant national variations both in law and in practice. Intellectual Property in Electronics and Software is a new title designed to provide practical guidance on the IP issues affecting companies working in this area. A unique compendium, it addresses the key issues of IP law in the major jurisdictions worldwide where software and electronics are developed and sold as they impact on software and electronics companies.Topics covered include the challenges of obtaining protection; software protection and the limits of patentability; patent strategy, including approaches to patent drafting to maximise protection; standards setting and reasonable and non-discriminatory licensing; open source software; and other forms of protection such as unfair competition and design rights.
Written by a team of leading specialists in IP law, the book will serve as an invaluable guide to navigating the complex and overlapping rights which protect innovation in this field.
Foreword Toshiyasu Kurasugi NEC Europe Ltd Introduction Nicholas Fox Simmons & Simmons LLP Part I: Global issues An introduction to international IP instruments relevant to electronics and software Nick Bassil Kilburn & Strode LLP Standards setting, competition law and FRAND licensing Christine Graham Jeremy Morton Chris Watson CMS Cameron McKenna LLP David Healey Fish & Richardson Open source software Heather J Meeker Greenberg Traurig, LLP Part II: European focus Patents in Europe Nicholas Fox Scott Parker Simmons & Simmons LLP European copyright and designs Natalie Drew Clive Thorne Reynolds Porter Chamberlain Enforcement in Europe Bas Berghuis van Woortman Nicholas Fox Peter Meyer Laura Orlando Simmons & Simmons LLP France Pierre-Olivier Ally Marianne Schaffner Dechert LLP Germany Erik Gelke Martin Kohler Reimann Osterrieth Kohler Haft Netherlands Mattie de Koning Ruben C Ladde Bas Berghuis van Woortman Simmons & Simmons LLP United Kingdom Nicholas Fox Simmons & Simmons LLP Part III: Major non-European jurisdictions Australia Peter Leonard Chris Williams Gilbert + Tobin Canada Kendrick Lo Bereskin & Parr LLP China Horace Lam Jones Day Hong Kong Tom Grek Adelaide Yu Rouse India Nishchal Anand Pravin Anand Anand and Anand Japan Mami Hino Megumu Kurokawa Abe, Ikubo & Katayama South Korea Kenneth K Cho Gregory B Kang Hyejung Lee Yoon Sang Lee Chang Hwan Shin Kim & Chang United States Jason D Harrier Clifford Ulrich Kenyon & Kenyon LLP