Intellectual Property Law: Commercial, Creative, and Industrial Property

This fourvolume treatise covers all major fields of intellectual property: patents, process patents, trade secrets, copyright, technological protection of copyrighted works under the Digital Millennium Copyright Act, online copyright and trademark liability, semiconductor chip protection, import exclusion, database protection, software protection, Web publishing, trademarks, trade dress, Internet domain names, parallel imports and “gray goods,” and unfair competition. Intellectual Property Law: Commercial, Creative, and Industrial Property also discusses the TRIPs Agreement, the Madrid Protocol and other international conventions, and compares the basic principles of U.S. law with those of Asian and European law. An introductory chapter outlines and compares the various fields of intellectual property law, analyzing their purposes, underlying policies and important differences, as well as their treatment by the courts. Separate sections for each type of intellectual property examine what can be protected, the requirements for protection, the intellectual property owner's rights, limitations on those rights and the standards for establishing infringement. Concluding chapters provide detailed comparisons of the remedies available under the various intellectual property statutes and at common law, including monetary relief, preliminary and permanent injunctive relief, augmented and punitive damages, import exclusion, attorneys' fees and criminal sanctions. Extensive treatment of legislative and regulatory, judicial and international developments is incorporated throughout.