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Transnational Intellectual Property Law

Text and Cases Robert P. Merges, Wilson Sonsini Goodrich & Rosati Professor of Law and Technology and Co-Director, Berkeley Center for Law and Technology, University of California, Berkeley and Seagull Haiyan Song, Loyola Law School, Los Angeles, US
As companies and organisations increasingly operate across national boundaries, so the incentive to understand how to acquire, deploy and protect IP rights in multiple national jurisdictions has rapidly increased.

Transnational Intellectual Property Law meets the need for a book that introduces contemporary intellectual property as it is practiced in today’s global context. Focusing on three major IP regimes – the United States, Europe and China – the unique transnational approach of this textbook will help law students and lawyers across the world understand not only how IP operates in different national contexts, but also how to coordinate IP protection across numerous national jurisdictions. International IP treaties are also covered, but in the context of an overall emphasis on transnational coordination of legal rights and strategies.
Extent: c 816 pp
Hardback Price: $240.00 Web: $216.00
Publication Date: April 2018
ISBN: 978 1 78536 824 0
Availability: Not yet published
Paperback Price: $69.95 Web: $55.96
Publication Date: April 2018
ISBN: 978 1 78536 826 4
Availability: Not yet published
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  • eISBN: 978 1 78536 825 7

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  • Law - Academic
  • Intellectual Property Law
  • Public International Law
As companies and organisations increasingly operate across national boundaries, so the incentive to understand how to acquire, deploy and protect IP rights in multiple national jurisdictions has rapidly increased.

Transnational Intellectual Property Law meets the need for a book that introduces contemporary intellectual property as it is practiced in today’s global context. Focusing on three major IP regimes – the United States, Europe and China – the unique transnational approach of this textbook will help law students and lawyers across the world understand not only how IP operates in different national contexts, but also how to coordinate IP protection across numerous national jurisdictions. International IP treaties are also covered, but in the context of an overall emphasis on transnational coordination of legal rights and strategies.

Providing detailed thematic coverage of the major IP rights, including Patents, Copyright, Trademarks, Trade Secrets and Design Protection, the book delves into the national laws and operational realities of these three jurisdictions, highlighting the issues and questions that are most frequently encountered in practice. Of special note are the many English translations of Chinese legal materials – providing the richest and most in-depth coverage of authoritative IP-related statutes, cases and commentaries currently available to students.

The textbook draws heavily on cases and other primary sources to tease out the differences, commonalities, and ultimately, strategies for taking a global approach to IP protection. Thought-provoking questions and scenarios throughout the book will stimulate class discussion and cement understanding.

Key features:

• Introductory problems allow students to identify and navigate the key issues;

• An accessible layout with case extracts, questions and notes clearly highlighted illustrates examples of crucial issues, helps identify key information, and points to extensive practical and scholarly commentary on important issues;

• Comparative approach with numerous references to law and business context in China, the United States and Europe allows students to place national IP in a global context; and

• Expert analytical commentary on carefully selected cases guides readers on the key issues.

Engaging and comprehensive, this textbook will be essential for all IP courses that aspire to teach the global dimension of IP, and for all students whose aim is to practice IP in what is an increasingly transnational marketplace.
Contents: Part I Introduction 1. What is “Transnational” IP Law Part II Patent Protection 2. Introduction to Patent Law at the Transnational Level 3. Patentable Subject Matter 4. Novelty 5. Inventive Step/Non-obviousness 6. Adequate Disclosure and Enablement 7. Claim Interpretation and Infringement 8. Remedies 9. Business Aspects of Patents Part III Copyright Protection 10. Introduction 11. Subject Matter, Originality, Authorship 12. Rights of the Copyright Owner 13. Limitations and Exceptions 14. Infringement and Remedies 15. Digital Copyright Part IV Trademark law 16. Introduction to Trademark Protection 17. Acquisition of Trademark Rights 18. Enforcement 19. Licensing Issues: Quality Supervision, Exclusive Territories, Termination 20. Introduction 21. What Can Be Protected As a Trade Secret? 22. Reasonable Efforts to Protect Trade Secrets 23. Misappropriation 24. Remedies Part VI Design Protection 25. Introduction 26. Subject Matter and Originality Requirements 27. Infringement 28. Defenses 29. Remedies Index