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Higher Education

Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets, 5th Edition

  • Deborah E. Bouchoux, Esq.
  • ISBN-10: 1305948467
  • ISBN-13: 9781305948464
  • 576 Pages | Paperback
  • Previous Editions: 2013, 2009, 2005
  • COPYRIGHT: 2018 Published
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Overview

About the Product

This Fifth Edition of Bouchoux’ comprehensive, reader-friendly text helps aspiring and practicing paralegals master the complexities of modern intellectual property law, including registration procedures, duration of rights, and protection from infringement. Updated to address current trends and developments, the new edition covers cutting-edge issues such as technological innovations, intellectual property in the digital age, the role of the Internet, and evolving business law. Sample agreements, forms, task checklists, realistic case studies with related activities, excerpts of real cases, and a new “Putting It into Words” feature help students master key concepts and procedures.

Features

  • This comprehensive overview of the four fields of intellectual property law -- trademarks, copyrights, patents, and trade secrets -- includes essential concepts, practical tools and examples, and activities to support learning and skill development.

  • "Ethics Edge" features in every chapter help students appreciate the complexities and ramifications of the situations they will encounter as working paralegals -- and reinforce the importance of ethical action as a standard of professional practice.

  • "Internet Resources" and "Using Internet Resources" features direct students to access intellectual property websites to gain familiarity with common resources used by legal professionals and to look up current information on ongoing cases, active discussions, and evolving trends.

  • Multiple class activities, including a realistic case study, questions for group discussion, and trivia questions, reinforce learning and encourage students to engage with the material for easier mastery.

  • Complete, comprehensive appendices that feature sample forms, agreements, charts, statutes, a table of treaties (showing which countries are signatories to IP-related treaties) and references to state trademark laws and provisions for all 50 states, provide useful, real-world tools and material to help students prepare for professional success.

About the Author

Deborah E. Bouchoux, Esq.

Deborah E. Bouchoux, J.D., is an adjunct faculty member of Georgetown University, where she teaches a variety of topics in the Paralegal Studies Program and serves on the program's advisory board. She is a summa cum laude graduate of Santa Clara University School of Law and a member of the State Bar of California (inactive) and District of Columbia Bar (active). She has taught in a number of paralegal programs, including the University of San Diego Paralegal Program and the Paralegal Studies Program at George Washington University. She is the author of eleven textbooks and several articles in national and local paralegal publications.

Table of Contents

PART I: INTRODUCTION TO INTELLECTUAL PROPERTY.
1. Introduction to Intellectual Property Law.
PART II: THE LAW OF TRADEMARKS.
2. Foundations of Trademark Law.
3. Trademark Selection and Searching.
4. The Trademark Registration Process.
5. Post-Registration Procedures, Trademark Maintenance, and Transfer of Rights to Marks.
6. Inter Partes Proceedings, Infringement, and Dilution.
7. New Developments in Trademark Law.
8. International Trademark Law.
PART III: THE LAW OF COPYRIGHT.
9. Foundations of Copyright Law.
10. The Subject Matter of Copyright.
11. The Rights Afforded by Copyright Law.
12. Copyright Ownership, Transfers, and Duration.
13. Copyright Registration, Searching, and Notice of Copyright.
14. Copyright Infringement.
15. New Developments in Copyright Law and the Semi-Conductor Chip Protection Act.
16. International Copyright Law.
PART IV: THE LAW OF PATENTS.
17. Foundations of Patent Law.
18. Patent Searches and Applications.
19. Patent Ownership and Transfer.
20. Patent Infringement.
21. New Developments and International Patent Law.
PART V: THE LAW OF TRADE SECRETS AND UNFAIR COMPETITION.
22. Trade Secrets Law.
23. Unfair Competition.
24. Intellectual Property Audits and Due Diligence Reviews.
APPENDICES (ONLINE ONLY).
Appendix A. Table of Treaties.
Appendix B. State Trademark Registration Provision.
Appendix C. Resources.
Appendix D. Forms Appendix.
Appendix E. Selected Statutes.
Appendix F. The Leahy-Smith America Invents Act: Summary and Discussion.

New to this edition

  • New "Putting It into Words" features prepare students for paralegal responsibilities by requiring them to draft a paragraph or letter explaining a key concept from each chapter.
  • New coverage of cutting-edge trademark issues, such as trademark bullying and the register ability of hashtags, expand student understanding.
  • New topics include the fair use defense in copyright infringement cases; the Digital Millennium Copyright Act (including recent cases on the protections and liability of Internet service providers, such as YouTube); the copyright ability of tattoos, social media postings, apps, and the famous "monkey selfies" case; the Copyright Office's Fair Use Index; and the top ten copyright infringement issues for students.
  • An expanded discussion explores "white hat" hacking and whether sampling, mashups, and looping of music constitute copyright infringement.
  • The recent change from the U.S. Patent Classification System to the Cooperative Patent Classification System is included.
  • Updated coverage of software patentability, proposals for patent reform to curb infringement actions brought by "trolls," and defensive patenting is included.
  • Expanded emphasis on challenges to patents brought under the America Invents Act prepares students for today's legal environment.
  • Coverage of cutting-edge issues includes the patentability of human genes, crowdsourcing of prior art, and whether 3-D printing infringes patents.
  • Insightful coverage of the new Defend Trade Secrets Act of 2016, the most significant change to trade secrets law in a generation, brings the book completely up-to-date.
  • New Cases in the News include In re Tam (holding that the Trademark Act's prohibition against disparaging marks violates the First Amendment); Authors Guild v. Google (allowing Google's book scanning project as a fair use of copyrighted works); Petrella v. Metro-Goldwyn-Mayer, Inc. (holding that the laches defense cannot be used in copyright infringement cases); Myriad Genetics (holding that naturally occurring DNA segments are not patentable); Alice Corp. v. CLS Bank International (the critical 2014 U.S. Supreme Court case that tightened the ability of inventors to obtain software patents).
  • Numerous new exercises related to calendars and dockets give students ample opportunities to hone these essential skills and ensure they can correctly calculate intellectual property dates, just as they would be required to do on the job.
  • New discussion questions, internet resource questions, trivia features, case studies and activities, and case illustrations (briefs of interesting and fun intellectual property-related cases, such as copyright infringement suits by Prince and the Beastie Boys) help students review what they have learned, apply their knowledge and skills in practical ways, and master course material.

Supplements

All supplements have been updated in coordination with the Main title.
Please see Main title page for new to this edition information.

Instructor Supplements

Instructor's Companion Website  (ISBN-10: 1305948475 | ISBN-13: 9781305948471)

Everything you need for your course in one place! This collection of product-specific lecture and class tools is available online via the instructor resource center at www.cengage.com/login. This Instructor’s Companion Website includes an Instructor’s Manual, Test Bank, and PowerPoint lecture slides. Instructors Manual: The 300+ page Instructors Manual includes: Tips on teaching, assignments, and grading; Ideas for supplemental assignments; Sample syllabus for course; Helpful websites for teachers; Chapter-by-chapter Resources; Lecture Notes; Suggested Answers to Case Study and Activities; Using Internet Resources Questions (with answers). Discussion Questions (with answers); Suggested narrative/answers to Putting It Into Words sections; and a Test Bank with than 650 questions in true-false, short answer, and fill-in formats (with answers).

Cengage Testing, powered by Cognero® Instant Access  (ISBN-10: 1305948548 | ISBN-13: 9781305948549)

Cengage Learning Testing, powered by Cognero® is a flexible, online system that allows you to import, edit, and manipulate content from the text’s test bank or elsewhere, including your own favorite test questions; create multiple test versions in an instant; and deliver tests from your LMS, your classroom, or wherever you want.

MindTap Paralegal, 1 term (6 months) Instant Access for Bouchoux's Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets  (ISBN-10: 1305948491 | ISBN-13: 9781305948495)

MindTap Paralegal for Bouchoux's Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets, 5th Edition is the digital learning solution that helps instructors engage and transform today's students into critical thinkers. Through paths of dynamic assignments and applications that you can personalize, real-time course analytics, and an accessible reader, MindTap helps you turn cookie-cutter into cutting-edge, apathy into engagement, and memorizers into higher-level thinkers. As an instructor using MindTap, you have at your fingertips the right content and unique set of tools curated specifically for your course, all in an interface designed to improve workflow and save time when planning lessons and course structure. The control to build and personalize your course is all yours, focusing on the most relevant material while lowering costs for your students. Create custom assignments, provide chapter quizzes and assign core text activities and questions, all within MindTap.

Student Supplements

MindTap Paralegal, 1 term (6 months) Instant Access for Bouchoux's Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets  (ISBN-10: 1305948491 | ISBN-13: 9781305948495)

It’s 1 AM, there are 20 tabs open on your computer, you lost your flashcards for the test, and you’re so tired you can’t even read. It’d be nice if someone came up with a more efficient way of studying. Luckily, someone did. With a single login for MindTap Paralegal for Bouchoux's Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets, 5th Edition you can connect with your instructor, organize coursework, and have access to a range of study tools, including e-book and apps all in one place! Manage your time and workload without the hassle of heavy books! The MindTap Reader keeps all your notes together, lets you print the material, and will even read text out loud. Need extra practice? Find pre-populated flashcards and the entire eBook in the MindTap Mobile App, as well as case studies, quizzes and important course alerts. Want to know where you stand? Use the Progress app to track your performance in relation to other students.