Intellectual property in common law and civil law /
edited by Toshiko Takenaka, University of Washington School of Law, USA.
- x, 454 pages : illustrations ; 24 cm
Includes bibliographical references and index.
Towards a history of patent law / Ordre public and morality issues in patent eligibility / First-inventor-to-file under the America Invents Act : a view of first-to-file lawyer and a view of first-to-invent lawyer / The inventive step and cooperative harmonization / Equitable doctrines in international patent laws / Tradition and change : the past and future of authors' moral rights / Japan's copyright law revisions, disruptive innovation and user-generated content / The dragon and the white whale : three steps test and fair use / Fair use : a tale of two cities / Brad Sherman -- Joseph Strauss -- Toshiko Takenaka with Martin J. Adelman -- Amy L. Landers -- Jan Krauss -- Mira T. Sundara Rajan -- Salil Mehra -- Frédéric Pollaud-Dulian -- Sang Jo Jong. Passing off and unfair competition regimes compared / Trade dress / A comparative analysis of the protection of geographical indications in the European Union and the United States under sui generis and trademark systems / Extraterritorial enforcement / Injunctive relief in patent cases in the US, Germany and Japan : recent developments and outlook / What the treatment of covenants not to compete teaches about intellectual property and competition norms / Employee invention system : comparative law perspective / Exhaustion of intellectual property rights in the European Union / The patent laws of old / Mary LaFrance -- Signe H. Naeve -- Gail E. Evans -- Marketa Trimble -- Christoph Rademacher -- Shubha Ghosh -- Toshiko Takenaka and Yves Reboul -- Theo Bodewig -- Mario Franzosi.
Despite increasing worldwide harmonization of intellectual property, driven by US patent reform and various 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.