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Intellectual Property Law: Commercial, Creative and Industrial Property
Incisive Media, Pages: 2,500


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This four-volume treatise covers all the major fields of intellectual property: patents, process patents, trade secrets, copyright, technological protection of copyrighted works under the Digital Millennium Copyright Act, 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 essential 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 infringement. These are also 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. This book is updated as needed, generally two times each year.

About the Author:

Jay Dratler, Jr.

Professor Jay Dratler, Jr. brings to this book the unique perspective of a scientist, engineer, lawyer and law professor. After receiving his doctor's degree in physics from the University of California in San Diego in 1971, he spent four years working as a scientist and engineer. His work included eighteen months managing the electronics laboratory of a start-up, high-technology Company.

Professor Dratler completed his legal education at Harvard Law School, where he graduated magna cum laude in 1978 after serving as Articles Editor of the Harvard Law Review. He practiced law for more than eight years, first with Morrison & Foerster in San Francisco, then in California's “Silicon Valley” with Fenwick, Davis & West (now Fenwick & West). Dr. Dratler is the Goodyear Professor of Intellectual Property at the University Of Akron School Of Law, in Akron, Ohio. There he teaches Computer Law, Copyright, Cyberlaw, Introduction to Intellectual Property, Licensing and Trade Secrets, Patent Law and Policy, Cyberspace and Telecommunications Law.

Professor Dratler is the author of three treatises (on licensing, intellectual property and cyberlaw) and a co-author of the leading casebook on licensing. He has written law review articles on patent reform, patents, copyrights, trade secrets, trade dress, and antitrust law, several of which have been published abroad or translated into Japanese or Korean. As a Fulbright Fellow, Professor Dratler taught a course in intellectual property and licensing, in the Russian language, at the Moscow State Institute of International Relations (MGIMO). Through governmental and nongovernmental organizations, he has advised the governments of the Republic of Indonesia and of several former Soviet states on modernizing their intellectual property and business laws. Professor Dratler is a member of the American Bar Association, the American Intellectual Property Law Association and the American Law Institute.

Stephen McJohn

Professor Stephen McJohn is a professor at Suffolk University Law School where he teaches in the areas of intellectual property and commercial law. His scholarly interests lie in areas touching on law and technology, such as intellectual property, computer law, artificial intelligence and legal reasoning, and economic analysis. Professor McJohn received his B.A. in Computer Studies and his J.D., magna cum laude, from Northwestern University. After studying law in Germany and completing a federal appellate clerkship, he practiced law in the Chicago office of Latham and Watkins and taught at the IIT Chicago-Kent School of Law.

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