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Intellectual Property in Electronics and Software
A Global Guide to Rights and Their Applications
The software, communications and electronics markets are among the most innovative and competitive industries in the world. Robust competition means that developers and manufacturers of software, mobile phones, gaming devices, computers, digital cameras and other consumer electronics and appliances must leverage their IP rights to sustain competitive advantage. However, this can be difficult, as much innovation takes place at the intersection of patent, design and copyright law; and although much law is harmonised, there are still significant national variations both in law and in practice. Intellectual Property in Electronics and Software is a new title designed to provide practical guidance on the IP issues affecting companies working in this area. A unique compendium, it addresses the key issues of IP law in the major jurisdictions worldwide where software and electronics are developed and sold as they impact on software and electronics companies.Topics covered include the challenges of obtaining protection; software protection and the limits of patentability; patent strategy, including approaches to patent drafting to maximise protection; standards setting and reasonable and non-discriminatory licensing; open source software; and other forms of protection such as unfair competition and design rights.
Written by a team of leading specialists in IP law, the book will serve as an invaluable guide to navigating the complex and overlapping rights which protect innovation in this field.
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THROUGH THE IP COMPLEXITIES OF GLOBAL IT
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
If you are not an intellectual property specialist lawyer, you may well have wondered what mechanisms or instruments are available to protect inventions -- and inventiveness -- in the area of IT, encompassing electronics and software.
Or, alternatively, you are already an intellectual property practitioner with considerable familiarity with this area of law. Either way, you will find this new title from Globe Law and Business incredibly useful, particularly if your practice is international, which it inevitably will be if your clients are involved in the development of innovative IT solutions and strategies.
The book is, after all, ‘a global guide to rights and their applications’ as the sub-title clearly indicates. And certainly the protection of these rights has become a core activity in the unceasingly innovative and competitive world of global IT.
Providing practical guidance on a vast range of IP issues in the major jurisdictions worldwide, this multi-authored work under the able editorship of Nicholas Fox places the collective expertise of at least thirty-five international contributors at your disposal.
As a solicitor and patent attorney at Simmons & Simmons, Fox points out that the development of a forward looking, alert and workable IP strategy ‘can act as a litmus test’ on the part of electronics and software companies for demonstrating their business competence in other areas of business. With the needs of such companies in mind, there is no doubt that this book, with its rich resources of international expertise, can help achieve that end.
It is the international orientation and approach sensibly favoured in this book which makes it especially useful. As the editor explains, ‘the boundaries of what can or should be predictable under trade secrets law vary in different jurisdictions, as does the approach of various countries to the protection of computer programs by copyright and the extent to which copyright and unfair competition law can be used to protect against the copying of the design of physical products.’
For ease of use, the book is divided into three sections, the first, which focusses on global issues, starts with an introductory survey of international IP instruments relevant to electronics and software. Parts II and III emphasize respectively, a European focus followed by an overview of IP issues in the major non-European jurisdictions, namely Australia, Canada, China, Hong Kong, India, Japan, South Korea and the United States.
As appropriate, various IP-related challenges are discussed throughout with impressive technical competence, including patent strategy, standards setting, licensing and other issues such as unfair competition, design rights and much more besides. Those seeking to research further into this fast-paced and fast growing area of law will also be impressed with the literally hundreds of references contained throughout in the footnotes.
Practitioners advising clients involved in the multi-faceted IT industry -- which ranks among the world’s most innovative and volatile -- will certainly welcome the detailed and expert IP advice contained in this carefully researched and authoritative book.
Practitioners advising clients involved in the multi-faceted IT industry -- which ranks among the world's most innovative and volatile -- will certainly welcome the detailed and expert IP advice contained in this carefully researched and authoritative book. Phillip Taylor Richmond Green Chambers An extremely handy book for IP practitioners since it discusses the most useful and the hottest IP issues relevant in the field in all major jurisdictions. As a patent litigator from China, I found the chapter for China accurate and helpful and I became more familiar with IP protection and enforcement in other jurisdictions after reading. Simon Xu, Fangda Partners The chapters are beautifully written: clear, concise, and precise. They are perfect to familiarise with intellectual property protection and enforcement in jurisdictions a reader might not be familiar with. Gaetano Dimita, EIPR