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Deciphering IP Law and Its Conflict and Complementarity with Competition Law
"This book introduces a general theory of intellectual property (IP) law, highlighting its importance and relevance in addressing complex IP issues in the digital economy, which often intersect with competition law. The book argues for the need for a unified theory of IP to elevate it as a discipline in its own right, while recognizing the diversity and nuance of IP laws. It explores how such a theory can address the challenges posed by the knowledge economy, the platform economy, the data-driven economy, and generative AI. The book views IP as a market regulatory mechanism designed to remedy market failures in public goods by providing sufficient protection to incentivize human creation and...
IP Laws and Regimes in Major Asian Economies
This book systematically studies the structural characteristics of IP laws and regimes of major Asian economies, including (but not always) China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Singapore, Taiwan, and Thailand. It explores and crystallizes some worthy Asian models which could further help the development of international IP laws. This book begins with an overview of Asian modern history and IP laws. It discusses the three basic IP laws in Asia which are patent law, trademark law and copyright law. It looks at the pre-established damages for copyright infringement and trademark counterfeiting. The book also deals with problems with trade secret and its over-protection. I...
Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 24 (2006)
The Chinese (Taiwan) Yearbook of International Law and Affairs commenced publication in 1981 under the auspices of the Chinese (Taiwan) Society of International Law. The Yearbook publishes on multi-disciplinary topics with a focus on international and comparative law issues regarding Taiwan, Mainland China and the Asia-Pacific region. The Yearbook is one of the foremost publications in the world concentrating on issues of greater China.
A Critical Mind
This book traces the academic footprint of Hanns Ullrich. Thirty contributions revolve around five central topics of his oeuvre: the European legal order, competition law, intellectual property, the regulation of new technologies, and the global market order. Acknowledging him as a trailblazer, the book aims to capture how deeply Hanns Ullrich has influenced contemporaries and subsequent generations of scholars. The contributors re-iterate the path-breaking patterns of his teachings, such as his contemplation of intellectual property as embedded in competition, the necessity of balancing private and public interests in intellectual property law, the policies of market integration, and the peculiar relationship of technological advancement and protectionism.
Charting Limits on Trademark Rights
Trademark scholarship has focused largely on the protection of trademark rights against consumer confusion and the dilution of trademarks. Studies of limitations on trademark rights, meanwhile, have remained relatively peripheral, especially in jurisdictions outside of the United States. However, this reality is incongruous with the importance of the limitations, such as descriptive and nominative uses, in promoting freedom of commerce, market competition, free speech, and cultural dynamics. Against this backdrop, Charting Limitations on Trademark Rights is the first comprehensive academic volume detailing limitations in trademark rights from both theoretical and comparative perspectives. The book presents new theoretical perspectives to justify trademark rights limitations, re-examines the nature of these limitations, delineates the scope of the limitations, and offers comparative studies of the limitations. With contributions from leading trademark scholars in the EU, US, and Asia, this is a must read for scholars, students, practitioners, and policymakers with an interest in the theories, policies, and doctrines of trademark law.
Japanese Design Law and Practice
Max Planck Series on Asian Intellectual Property Law Volume 18 Indisputably, Japan is today a major hub of product design, and designs made in Japan play an influential role in the world across a wide range of industries. This is the first and only book in English to provide a detailed overview and discussion of product design protection and practice under Japanese law. In addition to expert analysis of the application of design law by Japanese courts and the Japan Patent Office (including the far-reaching 2020 amendments), the book features seven contributions by Japanese product designers from specific industries who describe the product design process in their industry and its legal ramif...
Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy
This book gathers and builds on research into distinct national and regional traditions in regulating innovation. It is an early attempt at a comprehensive legal history of the uneven trans-Atlantic harmonization of IP law. Authors explore harmonization as a legal mandate and a progressive ideal, and imagine areas in which coherent regulatory webs could build a more vibrant trans-Atlantic knowledge economy.
知识产权研究（第二十九卷）：区块链、NFT与知识产权
《知识产权研究》是中国社会科学院创办较早的一本学术集刊，聚焦现实生活，重点研究艺创、信息生产、传播和利用过程中的法律问题，追求学术旨趣，鼓励信息自由，摈弃论资排辈，设立“主题研讨”“司法前沿”“信息法研究”“经典案例”“研究生论坛”“书评”等栏目，刊登多种体裁的学术作品。本书为第29卷，以“区块链、NFT与知识产权”为主题，集中探讨了区块链及其衍生的非同质化代币技术与作品数字复制件结合所产生的知识产权问题。
Employees, Trade Secrets and Restrictive Covenants
Trade secrets and post-contractual non-compete clauses (restrictive covenants) are intrinsically linked issues when analysed in the context of past and present employment. While trade secrets have been the object of legislation in a number of major jurisdictions during the last couple of years, post-employment restrictive covenants have been left out of such legislative activity. Still, they have come under increasing scrutiny of economists and may well come into legislative focus in the near future. As the chapters of this book highlight in detail, the approach to the protection of trade secrets, the conditions under which an employer can protect trade secrets and other business interests b...
